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(영문) 대전지방법원 홍성지원 2017.04.25 2017고단24

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a D-wing cargo vehicle.

On November 9, 2015, the Defendant came to proceed from the Masan-ri side to the Masan-ri side at the entrance of Masan village, which is located on the roads No. 562, 17:50, Seocheon-gun, Chungcheongnam-do, Chungcheongnam-do.

The location was the intersection at the entrance of the village and the bus stop was installed, so there was a duty of care to safely drive the vehicle after checking whether there was a person driving the vehicle with the right and right of the front and right of the road.

Nevertheless, the defendant did not discover the victim E (81) who was moving along the bus at the bus stop in the left side of the moving direction due to the negligence of neglecting this, and did not discover the way to cut off from the bus at the bus stop, and had the victim go beyond the floor by taking the front part of the above cargo vehicle operated by the defendant.

As a result, the Defendant caused injury to the victim due to the above occupational negligence by causing injury to the victim of an external wound in which there is no open address in two parts, and caused the victim to an incurable or incurable disease, such as paralysis, brain injury, lack of voluntary walking due to fall in the capacity of brain, lack of recognition, and loss of labor by 100%.

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and the main sentence of Article 268 of the Criminal Act cannot be prosecuted against the express intent of the victim.

In this regard, according to the statement of the written confirmation of non-existence of punishment bound in the trial records, the victim E died on March 29, 2017, which was after the prosecution of this case. < Amended by Presidential Decree No. 27517, Nov. 20, 2016>

Since the bereaved family members expressed their intent not to be punished against the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.