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(영문) 수원지방법원 안산지원 2018.01.18 2017고단2784
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 of Ctra XG car.

On July 4, 2017, the Defendant came to turn to the left at an irregular speed from the edge of the central erosion church, which is located in 7-lane 7 from the upper frame of Ansan-si, Ansan-si on July 4, 2017.

Since there was a large number of rains at the time, and it was not smooth to ensure the view prior to sunrise, in such a case, the driver was negligent in performing the duty of care to accurately operate the front door and the right and the right and the right and the right and the right and the right and the victim D (W, 84 years old) was sent from the left-hand side of the criminal suspect's vehicle's left-hand part of the back-hand side of the criminal suspect's vehicle and got damaged on the road.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as a ductating the right-hand lag, which requires approximately 10 weeks medical treatment.

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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The record reveals that the victim expressed his intention not to punish the defendant around December 13, 2017, which was after the prosecution of this case.

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

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