beta
(영문) 울산지방법원 2015.10.21 2015고단398

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving Cump trucks.

On January 3, 2015, the Defendant driven a dump truck above 09:20 on the 09:20, and continued to drive a dump truck above, in front of the Korea Forest Service located in the Yansan-si, Seosan-ri, by moving the road to the dump from the direction of the sports complex.

Since there is a crosswalk where a signal, etc. has been installed, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is a slope to reduce speed and to see well the front door.

Nevertheless, as the Defendant neglected his duty of care and neglected to do so, the Defendant did not discover the victim D (the age of 17) who was walking a bicycle on the right side of the road for pedestrians and crossing the crosswalk in the direction of the proceeding, and dump truck was received from the above victim on the right side of the above dump truck and went beyond the ground. The Defendant neglected the body part of the victim who was sump truck back to the right side of the above dump truck, followed it.

As a result, the Defendant suffered from the above occupational negligence a serious injury to the permanent damage of the text of the case due to the failure to provide approximately 14 weeks of medical treatment and damage to the workplace.

2. Determination and conclusion of this case shall not be prosecuted against the express will of the victim pursuant to Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.

However, the record reveals that the victim expressed his intention not to be punished after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.