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(영문) 창원지방법원 마산지원 2018.01.16 2017고단1073
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving the E-learning passenger car.

On March 19, 2017, the Defendant driven the said car at around 20:10, and got the victim to go beyond the road, due to the occupational negligence, which did not properly go from the front city to the Roman high school in the direction of the Defendant’s proceeding, while driving the erroneous distance from the front city road in Changwon-si, Masan-si, Masan-si. The Defendant, by driving the said car at around 20:10 on March 19, 201, led the victim F (47 years of age) who illegally crossed the road to the right side from the left side of the Defendant’s proceeding direction.

Ultimately, the Defendant caused an injury to a victim by occupational negligence as seen above, by causing the victim to suffer severe injury due to the impairment of the ability to become aware of, and the impairment of the appraisal of the ability to recognize as a result of the dysical dementia.

2. The instant facts charged 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

According to the records, the victim may recognize the fact that he/she expressed his/her intention not to be punished against the defendant through a written agreement on November 24, 2017, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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