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(영문) 수원지방법원 2014.03.05 2013고단6762

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a Crocketing car.

On August 22, 2013, the Defendant driven the above car at around 11:00 and proceeded one way from the two-lanes in front of the 2nd Dong Office located in the Jinsung-si in the Blusung-dong, to the flusium and fire fighting as the flusium and the flusium and the flusium.

Since there is no signal apparatus, in this case, a person engaged in driving service has a duty of care to check whether there is a vehicle that crosses by reducing speed and temporarily stopping and driving it.

Nevertheless, the victim D(the age of 45) driving the victim D(the age of 45) who had been directly driven from the seat of the parking lot of Dong office due to negligence, while neglecting this, was able to receive the right side of the victim D(the age of 45) as the front part of the car.

Ultimately, the Defendant suffered from a serious injury on the part of the victim due to the above occupational negligence during about 12 weeks of medical treatment.

2. Determination

(a) Crimes of non-compliance with an intention: Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Declaration of intention that the victim does not want punishment after prosecution;

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;