beta
(영문) 의정부지방법원 2014.06.26 2013고정1772

교통사고처리특례법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On February 20, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) was a person driving a BWD car, and was driving a national highway No. 43, which is two-lanes prior to the Macheon-si, Macheon-si, Macheon-si, Macheon-si, the two-lanes in front of the Macheon BWD, and was driving the said motor vehicle in one way in the direction of steel from the Dog-si

Since it was difficult at that time before sunrise, a person engaged in driving service of a motor vehicle has a duty of care to safely operate steering and brakes by taking into account the situation well.

Nevertheless, the defendant neglected to do so and tried to see the part of the back-up part of the DNA excavation machines driven by the victim C (the age of 52) who had been driving prior to the end of the course as it was due to the negligence of the defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim in need of two weeks of treatment and light salt.

B. The Defendant violated the Road Traffic Act, due to occupational negligence such as the above “A”, destroyed the above wing machine owned by the victim for repair costs of KRW 2,839,000.

2. The reasons for dismissing the prosecution of this case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement made between the defendant and the victim bound in the trial records, the victim may clearly express his/her wish not to punish the defendant on December 28, 2013, which is the date of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.