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(영문) 청주지방법원 2020.08.20 2020고단703
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving service of the city bus B.

On November 18, 2019, around 15:40 on 15:40, Cheongju-si, the Defendant was driving ahead of the Seocho-gu apartment complex C in front of the river along the two-lanes from the valley to the D Middle School, and had the bus stops located in front of the road, and changed the direction toward the bus stops located in front of the road.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear with the driver of a motor vehicle.

Nevertheless, the Defendant neglected this and proceeded on the right side of a bus stop, and the Defendant failed to discover the victim E (74 years old) who has crossed the above road to the right side from the left side, thereby becoming the victim on the left side of the bus.

Ultimately, the Defendant, by occupational negligence, caused the occurrence of an incurable or incurable disease, such as cognitive disability, walking disability, etc., which is not cured due to the hospitalization of 12 weeks due to the 12-day hospitalization, etc. of the aforementioned victim, due to the aforementioned occupational negligence.

2. Determination

(a) Applicable provisions of Acts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act

(b) A crime of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning Traffic Accident Settlement

C. On July 3, 2020, a written agreement, including the victim's expression of non-existence of punishment after the prosecution of this case, is submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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