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(영문) 청주지방법원 2017.05.02 2016고단2130
교통사고처리특례법위반(치상)
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 motor vehicle with sod motor vehicle from BAE.

On June 20, 2016, the Defendant driven the above vehicle on June 20, 2016, and driven the two-lane of the road in front of the D, which is in a considerable area of the Cheongju City, C, with a speed of about 30 km from the dong Bos Committee apartment.

At the time, since the road surface is night and a lot of milched roads, and there are two-lanes, if it is likely to obstruct the normal passage of another motor vehicle running business in the direction of the change, the driver of the motor vehicle shall not change the course, and the driver of the motor vehicle has the duty of care to prevent accidents by changing the lane safely by operating the direction, direction, etc. in advance, giving notice of change of course, and keeping the traffic situation well, and by safely changing the lane.

Nevertheless, the Defendant neglected this and operated from the apartment on the side of the tower, Dong-dong, Tur Committee, to the same line, from the two-lanes, and changed from the one-lane to the two-lanes, and the two-lanes to the two-lanes of the damaged vehicle E, which starts from the two-lanes, followed the two-lanes of the vehicle of the Defendant, and the two-lanes of the two-lanes to the front part of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the driver of the damaged vehicle F (V, 41 years of age), the passenger G (V, 9 years of age) and H (V, 6 years of age), respectively, by negligence in the course of performing the above duties, such as salt ties, tensions, and so on, for about two weeks of treatment.

2. The above facts charged 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 records, the victim F is not punishable by stating the facts of damage to investigation agencies.

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