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(영문) 서울동부지방법원 2015.01.08 2014고단3639
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving service of BOba.

On August 1, 2014, at around 23:18, the Defendant proceeded at a speed of about 50 km in the speed of 10 km from Seongdong-gu Seoul, Seoul, to the side of the Hanyang University, leading to a three-lane road in front of the Hanyang University, which is located in the 189-ro, Mansle of Seongdong-gu, Seoul.

In this case, there was a duty of care to prevent accidents, such as reducing speed and accurately manipulating the steering and brakes, and changing the course to two-lanes, etc., for those engaged in driving service.

Nevertheless, the Defendant neglected to do so and went through a single-lane by negligence, and received the chest part of the victim C (Nam, 41) who was a police officer in charge of the crackdown on drinking driving at a single-lane, from the front part of the Defendant's ozone part.

As a result, the Defendant suffered injury to the victim, such as the closure of the lower court, No. 2 times in need of medical treatment for about 12 weeks due to such occupational negligence.

2. The facts charged in the instant case are crimes 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

However, according to the records, it is recognized that the victim submitted a written agreement to this court on January 6, 2015, which was after the prosecution of this case was instituted, and expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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