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(영문) 서울북부지방법원 2016.10.11 2016고단2585

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B-learning passenger car.

On November 9, 2014, the Defendant driven the above car at around 20:14, and driven the front road of the Seoul Jung-gu Seoul Metropolitan Government C along a three-lane one-lane from the flow basin to the drinking house basin.

At the time, there is a night and a place where the passage of vehicles and pedestrians is frequent, so the Defendant engaged in driving service has a duty of care to safely manipulate the front and rear left, and prevent the accident by safely manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected the signal of the crosswalk while neglecting the signal, and did not discover the victim D(52) who was unclaimed on the right side from the left side of the Defendant's running direction while neglecting the signal of the crosswalk due to negligence, and received the victim as the front part of the Defendant's vehicle.

In the end, the Defendant suffered serious injury from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, etc., focusing on the fact that the Defendant suffered approximately 16 weeks of medical treatment.

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, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim submitted an agreement stating that the victim would not want to punish the defendant after the institution of the instant case. Thus, the instant prosecution is dismissed pursuant to Article 3