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(영문) 수원지방법원 성남지원 2019.10.30 2019고정712
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving construction machinery B2.5 tons.

On November 1, 2018, the Defendant driven the above vehicle around 08:50 on the 08:0 on November 1, 2018, and turned back the back alley of the building C in Seongdong-gu, Sungnam-gu from the direction of the E parking lot at an aesthetic speed to the direction of sanctity.

Since there is alleyway E, a driver engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected to do so and proceeds from the direction of E parking lot to the sanctity.

The right side of the victim F(E,56 years old) who was blicked in the same direction was shocked by the defendant's left side of the driver's vehicle that the defendant was driving.

As a result, the Defendant suffered injury, such as the cutting of a ductal aggregate, which requires seven weeks of treatment by occupational negligence as above.

2. 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 express will of the victim pursuant to the main sentence of Article 3(2) of the Act on

However, since a written agreement stating the intent of the victim that the victim does not want punishment on October 1, 2019 after the prosecution of this case was submitted to this court, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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