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(영문) 광주지방법원순천지원 2020.09.08 2020고단1507
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is a person engaging in driving a B rocketing car.

On December 29, 2017, the Defendant driven the above vehicle at a speed of 08:20 on December 29, 2017, and driven the 1st line road near the DHawn-gun E Village in Goi-gun, Goi-gun, in the speed of about 50km/h from the direction of the E village to the F Village.

There is a narrow breadth road, and in such a case, the driver of the motor vehicle has a duty to prevent accidents in advance by thoroughly keeping the front-time city and maintaining the safety distance with the motor vehicle in front.

Nevertheless, the Defendant neglected to perform his duty at the front time, and neglected to do so, caused the victim G (the 77 years old) who was driving ahead of the above rocketing car to shock the back part of the warning racker driven by the victim G (the 7 years old) to fall off to the right side forest adjacent to the direction of the course.

The Defendant caused a serious injury to the victim due to the above occupational negligence, which caused the victim’s permanent loss.

2. The instant case may not be prosecuted against the victim’s explicit intent.

However, the victim withdraws his wish to punish the defendant 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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