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(영문) 춘천지방법원 강릉지원 2018.12.13 2018고단1154

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged Defendant A (27) is a person engaging in driving service of CR-V automobiles.

On July 19, 2018, the Defendant driven the said vehicle at around 15:40, and directed the front intersection of the E, which is located in Gangnam-si D, from LH main apartment, to the first resort.

At the same time, the traffic control is not supported, so the driver of the vehicle driving at the same time has a duty of care to check and drive another vehicle driving at the same time prior to the entry into the intersection.

Nevertheless, the Defendant neglected such duty of care and received the front part of the victim FF (22 tax)'s G K3 car driving, which was left by the left-hand side from the right-hand side of the above vehicle due to the negligence of driving a motor vehicle in a narrow straight line, as well as the above duty of care, from the front part of the above vehicle.

Ultimately, the Defendant suffered from the Defendant’s injury in salt panion, which requires two weeks’ medical treatment, due to the foregoing negligence.

2. The facts charged in the instant case 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.

According to the records, it is recognized that the victim expressed his wish not to punish the defendant on September 17, 2018, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.