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(영문) 서울북부지방법원 2014.05.27 2014고정256
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around September 18, 2013, the Defendant: (a) around 10:30 on September 18, 2013, the summary of the facts charged: (b) driven a bicycle lane on the side of the Changdong-dong, Dobong-gu, Seoul, with his/her bicycle track owned by him/her; and

A driver who is a driver has a duty of care to check the career safety and drive a motor vehicle while neglecting his/her duty to do so, and thereby, the defendant has satisfied C (six years of age) who crosss the motor vehicle to the right bicycle lane on the left side of the driving direction due to negligence.

As a result, the Defendant caused the injury to the victim due to the occupational negligence above, which requires approximately six weeks of medical treatment due to the removal of the foundation for the left-hand death.

2. Public prosecution shall not be instituted against the clearly expressed will of the victim under Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which falls under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.

However, according to the written agreement bound in the records, it can be acknowledged that the legal representative D withdraws his/her wish to punish the defendant on May 13, 2014, 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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