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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단1746
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a village bus No. 33 of Dongbabbbb.

On June 5, 2014, the Defendant driven the village bus around 16:30 on June 16, 2014, and proceeded with the long distance from the police force of the Han-dong Police Team, Yong-gu, Yong-gu, Young-gu, Seoul, to the police force from the new apartment, and did not properly look at the front left and right of the road, and the Defendant's occupational negligence, which led to the victim D (W, 64 years old) who crosses the path to the left side from the Defendant's direction to the right side of the village bus, and led to the right rear wheels.

Ultimately, the Defendant caused the victim to suffer bodily injury due to occupational negligence, she caused the victim to suffer from serious injury, such as a pelvis and flady, which requires approximately 12 weeks of treatment, and caused the victim to suffer bodily injury or to suffer from a flady or incurable disease.

2. The evidence submitted by the prosecutor alone that a victim suffers a danger to his/her life or a disease caused by an incurable, incurable, or incurable injury to his/her body.

There is a lack of recognition and there is no evidence to prove otherwise.

Meanwhile, according to the records, it is evident that Defendant vehicles are covered by the comprehensive motor vehicle insurance at the time of the instant traffic accident, and there is no evidence to acknowledge the existence of the grounds under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, such as driving of drinking and driving of a vehicle in violation of

Therefore, since the facts charged in this case cannot be prosecuted pursuant to the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the prosecution of this case is dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act, since the procedure for indictment is invalid in violation of the provisions of law.

It is so decided as per Disposition for the above reasons.

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