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(영문) 서울북부지방법원 2017.01.19 2016고단5240
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a bicycle installed with an animal space in the facts charged.

On September 13, 2016, the Defendant driven the above vehicle around 15:40 on September 13, 2016, and driven the side road that does not fall under the two lanes in front of Dongdaemun-gu Seoul, Dongdaemun-gu, in the direction from the intersection of the hospital in Sung-ro to the direction of the Guro.

In such cases, a person engaged in driving of a vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle and to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the Defendant neglected this and went beyond the center on the left-hand side by negligence, and the left-hand side of the victim C ( South, 57 years old) who was walking in the same direction was shocked after the Defendant’s bicycle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as “the left-hand brut salt,” which requires approximately two weeks of medical treatment.

2. The facts charged in the instant case are crimes 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim submitted a written agreement stating that the victim would not want punishment against the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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