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(영문) 인천지방법원 2017.04.12 2017고단172

도로교통법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaged in driving Bmerc trucks.

On May 30, 2016, the Defendant driven the above truck on around 15:38, 2016, and driven the four-lanes in front of the 707 Han-gu container wharf, as in the new port of Yeonsu-gu Incheon, at a speed that would not be known by three-lanes from the 4th intersection to the ELN base.

In such cases, the driver has a duty of care to take care of the right and the right and the right and the right and the right and the duty of care to prevent the accident in advance.

Nevertheless, when the Defendant was negligent in driving a stroke and was negligent, the Defendant was placed at the front of the Defendant’s truck owned by the Victim C, which was parked in front of the Defendant’s truck, and damaged the said car to repair KRW 25,723,201.

2. The above act is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s explicit intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement submitted after the indictment of this case (i.e., April 11, 2017), the injured party clearly expressed his/her intention not to be punished for the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.