교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
The prosecution of this case is dismissed.
1. Summary of grounds for appeal;
A. The facts charged in the instant case alleged by the misunderstanding of the legal principles of the Defendant and the Prosecutor are cases where the prosecution cannot be instituted against the victim’s explicit intent.
Since the injured party expressed his/her intention that he/she does not want the punishment of the accused after the judgment of the court below was made, the court below should have ordered the accused to dismiss the public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.
Nevertheless, the court below sentenced 7 million won to the defendant. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence that the lower court rendered by the Defendant’s wrongful assertion of sentencing is too unreasonable.
2. The summary of the facts charged in the instant case is the person who is engaged in driving a passenger car by borrowing B.
On August 13, 2016, the Defendant driven the above vehicle around 12:00 and proceeded with the next side of the Southern apartment zone with the first lane in front of the agricultural cooperative, which was in the substitute of Osan-si.
At the time, the Defendant changed the course to the two-lane in which the victim C(31) driving is driving D, and thus, the person engaged in driving a motor vehicle had a duty of care to give an advance notice of the change of course and change the course by taking into account the traffic conditions before and after the driving.
Nevertheless, the Defendant neglected this and neglected to change the course to the right side of the Defendant, and received the front wheels of the damage.
Ultimately, the Defendant caused the victim to suffer injury, such as an influence complex, which requires approximately six weeks of medical treatment, due to such occupational negligence.
3. The instant facts charged constitute a crime 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 the insurance or mutual aid stipulated in the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.