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(영문) 전주지방법원 정읍지원 2018.10.16 2018고단263

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is engaged in driving of Cworkstren motor vehicles.

On December 30, 2017, the Defendant driven the said car on December 21:25, 2017, and proceeded along with the first line road from the west-Eup to the Seocheon-do in order to turn to the left to the village.

It is a road that enters the village, and at the same time, the driver was engaged in the driving of the motor vehicle with the duty of care to prevent the accident by safely manipulating the steering direction and brakes, etc. while looking at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected to turn to the left without neglecting it and caused the victim F(56) to go beyond the road by shocking the victim F(56) which was breath to the front part of the defendant's car at the access road to the village due to the negligence of the business.

As a result, the Defendant suffered injury to the victim due to occupational negligence, such as an injury to the victim due to a wound, which requires approximately 12 weeks medical treatment.

2. The instant facts charged 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 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.

However, according to the records of this case, it can be acknowledged that the victim expressed his/her intention not to have his/her punishment against the defendant on October 8, 2018, which was after the prosecution of this case was instituted (see, e.g., Supreme Court Decision 2009Da3278, Oct. 8, 2018).