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(영문) 인천지방법원 2019.07.17 2019고단255
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, who is engaged in driving the Bone Star Car, operated the said car at around 1:05 on December 21, 2018, suffered injury, such as damage to the left-hand part of the said car, which requires approximately 20 km treatment of approximately 12 weeks on the left-hand part of the said car, due to the negligence of the victim D (the age 22) who was crossing the road to the right-hand side of the direction-hand side of the instant car, due to the fact that he was negligent in performing the duty of care to prevent the accident, while driving the road at a speed of about 20 km away from the west-gu of Incheon Bupyeong-gu at a speed of about 12 km-gu at a speed of 4 km.

2. However, this is 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, and cannot be prosecuted against the victim’s express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the statement of a written application for no punishment submitted by the prosecutor to this court, it can be recognized that the victim expressed his/her wish not to punish the defendant on July 10, 2019, which was the date the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed under

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