beta
(영문) 대구지방법원 포항지원 2017.11.23 2017고단1151

교통사고처리특례법위반(치상)

Text

The prosecution of this case is dismissed.

Reasons

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

On December 24, 2016, the Defendant driven the above car at around 17:00 and proceeded from the entrance and exit of the parking lot to the entrance and exit of the parking lot at the entrance of the store at the rooftop parking lot located at 10, South-gu, Seoul at the port of port.

Since there are many places where pedestrians are frequent with large marina parking lots, there was a duty of care to prevent accidents by making a person engaged in driving a motor vehicle with a duty of care, and operating a steering boat and brake by accurately operating the steering boat and brake system.

Nevertheless, the Defendant neglected this and took part of the victim C(39 )'s left-hand bridge in the direction of the vehicle running on the front side due to negligence that did not properly examine the front side of the vehicle, and caused the victim to suffer an injury among the left-hand pelle of the treatment days, and the pelle of the treatment days.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On November 15, 2017, after the institution of the instant indictment, a written agreement stating the victim’s intention not to punish the victim was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;