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(영문) 부산지방법원 2013.05.15 2012고단8621
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a rocketing car.

Around 17:00 on June 21, 2012, the Defendant driven the above car and proceeded at a speed of about 20 km from the gold-free shop to the right-speed of about 20 km.

Since there is a place where people's passage is frequent due to a road without distinction between a roadway and a delivery, a person engaged in driving service has a duty of care to safely drive by examining well the right and the right while driving slowly.

Nevertheless, the defendant's negligence of neglecting this and led the victim D, who crosses the vehicle from the right side of the defendant's running direction to the left side, to the right side of the vehicle of the defendant, was shocked by the defendant's upper part of the vehicle.

As a result, the Defendant suffered injury to the victim, such as the thring of 12 weeks of medical treatment, by negligence in the above occupational negligence.

2. The facts charged in this 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, which cannot be punished against the victim's express intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on April 25, 2013, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327

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