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(영문) 의정부지방법원 고양지원 2018.07.06 2018고정416

도로교통법위반등

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The prosecution against the defendant is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a EXE car.

On November 13, 2017, the Defendant driven the above vehicle at around 16:50, and driven the road of one lane in front of the D cafeteria located in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-si, and stopped from the side of the D cafeteria to the Ilsan market and stopped at the edge of the road.

In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and neglected the part on the right side of the F Alti-ma vehicle driven by the Defendant E (Woo, 46 years old) to the left side of the vehicle driven by the Defendant, and received the part on the side side of the F Alti-ma vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks’ medical treatment due to occupational negligence as above, and at the same time damaged vehicles, damaged the Defendant’s repair cost of KRW 2,959,015.

2. The facts charged of the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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.

In this regard, the victim withdrawn his wish to punish the defendant on May 21, 2018, which was after the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.