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(영문) 대구지방법원 포항지원 2016.06.28 2016고단472
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On February 12, 2016, at around 10:50 on February 12, 2016, the Defendant came to turn to the left at the direction of the MBC broadcasting station under the direction of the GBC on the road under the direction of the GBC hospital at the port of distribution of the B-learning car.

Since the location is the intersection of the private street and the defendant at the time tried to turn to the left, there was a duty of care to safely turn to the left by properly examining the right and the left and right of the way while driving a person who is engaged in driving service along the central line of the road in advance.

In this regard, the defendant neglected to turn to the left on the right side of the vehicle, and at the right side of the vehicle, the defendant conflict with Dgallon operated by the victim C (IS 52 years old) who is driving in the direction of the Han Pail distance from the Han Pail High School at around that time with the front side of the vehicle under the right side of the vehicle.

Ultimately, the Defendant suffered the victim’s salt, tension, etc. from the pelvis that requires approximately three weeks of treatment due to such occupational negligence.

2. The instant case is an offense 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 is not prosecuted against the intent expressed by the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

According to the records, on April 29, 2016, after the institution of the instant prosecution, the victim clearly expresses his/her intention not to punish the defendant on the basis of the agreement with the defendant.

3. The instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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