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(영문) 수원지방법원 여주지원 2016.06.28 2016고단544
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant charges: (a) was a person engaged in driving of B Poter Cargo, and (b) was driving the said vehicle around 15:00 on April 18, 2016; and (c) was driving the said vehicle at a speed of 5-10km each hour at the Dok High School in front of Dokcheon-si, as one lane.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of those engaged in driving service and accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeds temporarily from several streets, and was driven by the victim D (Woo, 55 years old) who is directed to the Doe High School from the south-distance to the Doe High School, and followed the top side of the E-Ma-ri vehicle operated by the Defendant, and even even the door was received as the front part of the Defendant’s vehicle.

In the end, the defendant's negligence caused injury to D, which requires approximately two weeks of medical treatment, and the defendant's negligence in the course of performing his duties.

2. The judgment below is the case 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 written agreement bound in the records, the victim can be acknowledged the fact that he/she withdraws his/her wish to punish the defendant on May 23, 2016, which is the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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