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(영문) 부산지방법원 2014.04.09 2013고단8874
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving B Kawn vehicle.

On September 14:17, 2013, the Defendant driven the above vehicle and proceeded within the parking lot of the Busan East-gu hot spring terminal.

There is a lot of pedestrian traffic within the tower parking lot.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant is negligent in doing so and is proceeding.

From the left side of the moving direction of the vehicle, the victim C (80 years of age, female) who was walking on the right side is not considered as the victim C (80 years of age, female) and the victim's outbreak was shocked before the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the frame and closing of the light bed, which requires approximately seven weeks of treatment, due to the above negligence.

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 under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the records, the victim may have expressed his/her intent not to punish the defendant on March 24, 2014, which is after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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