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(영문) 인천지방법원 2015.03.25 2014고단8630

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who is franchiseed and engaged in driving of automobiles.

Around 13:10 on August 23, 2014, the driver was driving the above car and was driving directly in the direction of 15-lane from the south-dong Agricultural Cooperative to the south-dong, Nam-dong, Incheon at a speed with no knowledge of the side road in the south-dong, Incheon.

At that time, the victim D(74 years old and inn) was coming to the left side from the right side of the vehicle driving direction, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to look at the front side and the left side well, and to accurately operate the steering direction and the steering system and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and imprisonedly.

Defendant

With the head of the driver's vehicle, the victim's head head part was flicked with the victim's straw part, and the victim's head part was transferred to the road.

As a result, the Defendant suffered injury to the victim, such as celebris, which requires approximately eight weeks of medical treatment due to occupational negligence.

Judgment

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 cannot be prosecuted against the express will of the victim pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of

On March 19, 2015, after the prosecution of this case, the victim expressed that he does not want criminal punishment against the defendant.

Thus, the above facts charged constitute a case where there is an expression of intent not to punish a case which cannot be prosecuted against the victim's explicit intent, and thus, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.