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(영문) 창원지방법원 통영지원 2017.05.17 2017고단49
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving C cargo vehicles.

On November 10, 2016, the Defendant driven the above cargo vehicle around 07:05, and proceeded to the road installed in D at the time of a show of the vehicle, which is located in D, from the gate of the E entrance to the factory room, while moving to the right bypass.

At the time, there was a section that should be used to make a right-hand on the road for the right-hand off, and the cargo loaded the cargo is the victim F (T, South 56 years old) who was on board, so there was a duty of care to prevent accidents by accurately manipulating the operation of the brake and steering gear.

Nevertheless, the Defendant neglected this and caused the injury to the victim's life by getting the victim on board who was on board the ship due to negligence in the course of business that makes it difficult for the victim to take care of about 12 weeks from the center to lose and fall off, resulting in the victim's death.

2. Determination

(a) Crimes of non-violation of an intention: Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. Submission of a criminal agreement to the effect that the injured party does not want the punishment of the defendant on May 11, 2017, after the institution of public prosecution.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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