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(영문) 대전지방법원 2016.11.15 2016고단1418

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a rocketing car.

On March 21, 2016, at around 19:05, the Defendant proceeded with a swimming bridge, which is located in multiple pages of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Daejeon, to the multiple police boxes at the direction of Daejeon.

At the same time, this is a road of one-lane, and the victim D (ma, 54 years old) driving ahead of the same direction is followed. In such a case, a person engaged in driving a motor vehicle has a duty of care to keep the accident from spreading with good view and ensuring safety distance.

Nevertheless, due to the negligence of neglecting this, the defendant was found to have been behind the Track as the front part of the car.

As a result, the Defendant suffered cerebral typology, crypology, and blood transfusions from the victim, which require medical treatment for about 12 weeks or more due to the above occupational negligence, and caused a flachis or flachisction.

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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2). On November 9, 2016, after the institution of the instant indictment, the Defendant expressed his/her wish not to punish the Defendant, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.