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(영문) 광주지방법원 2019.07.16 2019고단2004
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the duty of driving B-si.

On March 16, 2019, the Defendant driven the above taxi on March 22 and 50, and changed the course to make an internship in the opposite direction to the opposite direction while driving the three-lane road in front of the Gwangju Dong-gu Seoul Building toward the opposite direction at a speed that is difficult to know by the two-lanes.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to properly report the traffic conditions of the front and rear left and to prevent accidents in advance by driving the motor vehicle safely

Nevertheless, the defendant neglected this and neglected it, and caused the sudden change of the two lanes from the two lanes to the one lane, and caused the front gate part of the FOtoba driven by the victim E (the age of 23) who was driving in accordance with the same direction one lane in the aftermast area, in the latter direction, the front gate part of the FOtoba driven by the defendant was shocked by the left side part of the taxi driven by the defendant, and it exceeded the road floor.

Ultimately, the Defendant suffered a serious injury to the victim due to the above occupational negligence, which caused the victim to suffer a pedestrian disability due to the elbling of the right-side executives who need medical treatment for about 14 weeks.

2. Public prosecution is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is a violation 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 express will of the victim under the main sentence of Article 3(2) of the same Act.

However, according to the agreement on automobile traffic accidents submitted to this court on July 2, 2019, which was after the prosecution of this case, the victim agreed with the defendant on July 1, 2019.

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