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(영문) 서울북부지방법원 2015.11.26 2015고단2034

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving of CPoter 2 freight vehicles.

On March 19, 2015, the Defendant driven the foregoing cargo vehicle as a duty on March 19, 2015, and led to the left-hand turn to the right-hand turn at the same time as that of the Eastnam University of Seongbuk-gu Seoul, Seoul.

At the time, pedestrian crossings are installed at night and there are no signal apparatus at all times, and in such a case, there was a duty of care to reduce speed and to prevent accidents by driving safely while driving safely.

Nevertheless, the defendant did not discover the victim D (the age of 54) who crosses the road from the right side of the defendant's proceeding to the left, due to negligence of neglecting this, and did not discover the victim D (the age of 54) who crosses the road from the right side of the defendant's proceeding to the left,

Ultimately, the Defendant suffered from a serious injury, such as a fluoral transfusion, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

2. The above facts charged constitute Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and thus, it cannot be prosecuted against the victim’s express intent under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

This is also the case where the victim's physical injury under Article 4 (1) 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents causes the risk of life or is influence or influence or influence disease.

However, according to the records, the agreement was submitted to this court on November 23, 2015, which was after the prosecution of this case was instituted, and according to this, it can be recognized that the victim expressed his/her intention not to have the defendant punished.