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(영문) 부산지방법원 2016.06.01 2016고단443
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Brane car.

On December 1, 2015, the Defendant driven the above car at around 15:50 on December 1, 2015, and proceeded the front of the D road located in Busan Jin-gu C from the Jin-gu to the intersection of the intersection of the Jin-gu at the speed of about 40km from the intersection of the intersection to the intersection of the intersection of the intersection, and changed the course into a two-lane.

Since a large number of vehicles move, a person engaged in driving of a motor vehicle has a duty of care to operate with direction, etc. to give prior notice of change of course, and to change the car line in the manner of changing the vehicle line in the front and rear traffic situation.

Nevertheless, the Defendant neglected this and did not see the rear side properly, and had the victim F (34 cc) who operated the E Two-wheeled Automobile normally on the two-lanes due to the negligence of changing the two-lanes into the two-lanes, and had the victim F (34 cc) who was operating the E Two-wheeled Automobile normally on the two-lanes in order to avoid the collision with the Defendant’s vehicle.

Defendant 1 suffered approximately six weeks of her occupational negligence from the victim's right-fluence, which requires approximately six weeks of treatment.

2. Grounds for dismissing the public prosecution;

(a) Crimes of non-violation of intention (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. On May 25, 2016 after the instant indictment was instituted, the victim’s expression of intention not to punish the victim.

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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