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(영문) 창원지방법원 통영지원 2013.04.29 2013고단67

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a B-learning car.

On October 24, 2012, the Defendant driven the above vehicle at a speed of 06:45, the Defendant driven the two-lanes of the two-lanes in front of the CUccinio Error, which is located at the beginning of the city of Gyeongnam-si, Gyeongnam-do, along the one-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes from

At this time, the Defendant changed the lane from the first lane to the second lane. In such a case, the Defendant had a duty of care to safely change the lane by taking into account the traffic situation of the front and rear left, and thus, the Defendant had a duty of care to safely change the lane.

Nevertheless, the defendant neglected this and caused the change of the two-lanes to the right side of the vehicle, which the victim C(the age of 46) drives from the two-lanes, to the left side of the vehicle driving by the defendant.

As a result, the Defendant suffered serious injury, such as cerebral cerebrs and cerebral cerebrs damage, by negligence on duty, that caused the victim to suffer less detailed uncertainty in which there is no open two medical treatment days.

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, which cannot be punished against the victim’s express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on April 1, 2013, which was the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of