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(영문) 대구지방법원 2019.05.09 2019고단552
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

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

On August 14, 2018, the Defendant driven the above car at around 18:50, and proceeded to turn to the left in the direction of the direction of the stop along the two-lanes of the Acheon-distance in 3029 (Gacheon-dong), among the two-lanes of the 3029 (Gacheon-dong).

Since there was a cross-section and the defendant had a duty of care to safely drive the motor vehicle according to the excursion ship/ferry, the driver of the motor vehicle had a duty of care to check whether there was another motor vehicle that is proceeding along the two-lane excursion ship/ferry and the driver of the motor vehicle has a duty of care.

Nevertheless, the defendant neglected this and went beyond the road because the victim C (year 76) who was driving along the two-lane leading line due to the negligence of the two-lane leading line was shocked by the defendant's car side to the right side of the driver's car.

Ultimately, the Defendant suffered from serious injury to the victim, such as brain-disease disorder, due to such occupational negligence.

2. The instant facts charged 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 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 submitted on March 13, 2019, it is recognized that the victim expressed his/her intention not to be punished for the defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure

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