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(영문) 서울동부지방법원 2015.11.18 2015고정1269
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around 22:50 on May 17, 2015, the Defendant was driving a BM-W two-wheeled Motor Vehicle, and led Gangdong-gu Seoul Metropolitan Government to proceed with the front road of the GM-gu Seoul Metropolitan Government to the analter of Arithic water from the bed of the bed.

At the time of night, there was a duty of care to reduce the speed prior to entering the road and prevent accidents in advance by properly examining the right and the right of the person engaged in driving service.

Nevertheless, if the Defendant neglected this and proceeded by negligence, the Defendant received the part on the right side of the bicycle driven by the victim D (hereinafter referred to as 58 years old) who was straight along the two-lane right side from the left side of the course, and went beyond the above bicycle due to its shock, and led to a conflict between the two parts after the right side of the E driver’s FTT car in the same direction depending on the first lane.

As a result, the Defendant suffered approximately eight weeks of treatment from the above D due to the above occupational negligence, such as double copying the right side.

2. We examine the judgment. The facts charged of this 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the trial records of this case, the victim can be recognized as having withdrawn his/her wish to punish the defendant on November 18, 2015, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per

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