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(영문) 대구지방법원 안동지원 2021.01.13 2020고단494
교통사고처리특례법위반(치상)
Text

The prosecution against the defendant is dismissed.

Reasons

The summary of the facts charged is the defendant who is engaged in the operation of the BA-to-purd passenger vehicle.

On November 16, 2019, the Defendant driven the above car at around 01:40, and came to go to the front of the Ansan fire station located in the law interest Dong-dong, Dong-dong, Dong-dong, Dong-dong, which had been in the law interest Dong-dong.

In such a case, the driver of the vehicle has a duty of care to safely operate the steering vehicle by accurately operating the steering gear and steering the steering gear of the driver of the vehicle, by taking into account the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the victim D (the remaining, 53 years old) who dried the road from the left side of the car driving direction to the right side of the said vehicle due to the negligence of driving the vehicle by neglecting it.

Ultimately, the Defendant suffered injury due to the above occupational negligence, such as an injury caused to the victim during the surgery of an external organ so that the victim could not know the number of days of treatment.

Judgment

The facts charged in the instant 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, and cannot be prosecuted against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The record reveals that the injured party may be acknowledged as having expressed his/her intent not to be punished against the accused on July 21, 2020, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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