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(영문) 대전지방법원 2015.06.24 2015고정496
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is around 20:10 on January 16, 2015, the Defendant driving a car of Ctaxa as a duty, and the two-lane road of E in the Seo-gu, Seo-gu, Daejeon, was straighten from the sloping to the flood.

Since there is a long distance intersection, there was a duty of care to safely operate the apparatus such as brakes and steering gear, etc. with a view to living on the right side and the right side.

Nevertheless, the defendant neglected to go through the intersection, and brought the Indian seat on the right side immediately after going through the intersection, followed by the front wheels, and followed by the center line, followed by the center line, and received the front portion of the Gpoter's Gpoter's car driving (52 years old) driving in front of the left side of the vehicle of the defendant.

Therefore, the Defendant suffered injury to the above victim by occupational negligence, such as spawn spawn, which requires treatment for about two weeks.

2. Determination

(a) The provisions of the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents provide that no prosecution may be instituted against the will expressed by the victim (in a case where a comprehensive insurance is subscribed) of the driver who has committed a crime causing bodily injury by occupational negligence through the traffic of vehicles, except in a case where the driver has invadedd the median line of the road on which the lane is installed in violation of Article 13 (2) of the

(i.e., a prosecution may be instituted).

In this context, the term "in the event of a traffic accident" in the road where a lane is installed in violation of Article 13 (2) of the Road Traffic Act as stipulated in the former part of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents refers not to the case where the location of the traffic accident occurred beyond the median line, but to the case where the traffic accident occurred due to the collision of the median line without any inevitable reason, and "in the event of an unavoidable reason" in this context means the case where the traffic accident occurred.

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