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(영문) 청주지방법원 충주지원 2013.08.27 2013고단440

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving a three-dimensional passenger car.

On May 18, 2013, the Defendant driven the above vehicle on May 12:58, 2013, and proceeded with a two-lane road in front of the Hancheon-dong 2-dong, Jungcheon-do.

In such a case, there was a duty of care to safely check the front left-down of a person engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected this and got the victim's bicycle side part of the victim D (year 73) crossing the bicycle from the right side of the above vehicle to the left side of the bicycle in the direction of the driving of the above vehicle and let the victim go beyond the ground.

Ultimately, the Defendant caused a serious injury to the victim, such as cerebral cerebral cerebrs and cerebral cerebriforms, which need to be treated for a six-month period, due to the above occupational negligence, thereby causing danger to life.

2. The judgment is 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, 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, the victim can recognize the fact that he/she expressed his/her intention not to prosecute the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327