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(영문) 춘천지방법원 영월지원 2018.08.21 2018고단159

교통사고처리특례법위반(치상)등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a vehicle B Alti.

On January 25, 2018, the Defendant proceeded along the two-lane roads in front of the tunnels in the two-lane 38 national highways of the 38-Eup, Gangwon-gu, Gangwon-gu, Gangwon-do, Seoul National Road, along the two-lanes to the tunnels in the two-lanes.

At that time, the victim C (46 S) driven by this victim C (46 S) had a duty of care to prevent accidents by accurately manipulating the operation of the operation and steering gear for the driver of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a dump truck by negligence and received the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt ties and tensions, which require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time damaged the dump truck owned by the victim to the extent that the repairing cost of KRW 33,873,730 is sufficient.

2. The facts charged in the instant case are the 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, which 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 such a case, since the victim agreed with the defendant and expressed his wish not to punish the defendant on August 6, 2018, which was after the prosecution of this case, around August 6, 2018, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.