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(영문) 의정부지방법원 고양지원 2020.04.09 2020고정126
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a vehicle for Bbents.

On October 19, 2019, the Defendant driven the above vehicle at around 19:40 on October 19, 2019, and led to the driving of the road in front of the DongIC, Dongsan-gu, Sinsan-si, Sin-si, Seosan-gu, Sinsan-si, to the direction of the Sinsan-si in Seoul

At the time, the defendant was driven ahead of the same direction and brought about following the DMFW car of the victim C(46 years old) who was living in the same direction, and therefore, there was a duty of care to maintain the safety distance, such as taking into account the situation of the front vehicle and reducing speed, and prevent the accident in advance.

Nevertheless, the defendant neglected this and runs close to it.

Prior to the above, the damaged vehicle in the stop was found late, and the remaining part was concealed.

Ultimately, the Defendant suffered physical damage equivalent to KRW 39,030,970, such as the back of the damaged vehicle due to the above occupational negligence.

2. The facts charged in the instant case are crimes falling under Article 151 of the Road Traffic Act, and 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.

However, according to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on December 23, 2019, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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