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(영문) 의정부지방법원 고양지원 2020.06.05 2020고단510
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On December 1, 2019, the Defendant: (a) around 18:12, the summary of the facts charged was driving a D E-cub car in front of the mutual restaurant located in Yongsan-gu, Yongsan-gu, Seoul; and (b) “C” on December 1, 2019, leading the Defendant to the ground parking lot on the road.

In this case, the defendant, who is engaged in driving duty, had a duty of care to properly operate the driving and brake system and to safely operate it.

Nevertheless, the Defendant neglected this and went on the right side of the vehicle driving direction due to the negligence of the Defendant’s negligence, and went beyond the part of the driving seat of the vehicle driving by the Defendant on the part of the pedestrian E (n, 54).

The Defendant, by the foregoing negligence, sustained injury by the victim, such as the brusation of the brush of the father’s brush, in detail, requiring treatment for about eight weeks.

2. The instant facts charged constitute 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

According to the records, since a written agreement of the victim containing the content that the defendant does not want to be punished after the prosecution, was submitted to this court on April 22, 2020, the prosecution of this case constitutes a case where the victim expressed his/her wish not to be punished for the defendant after the prosecution of anti-presidential action.

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

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