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(영문) 인천지방법원 2020.05.07 2019고단9682
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a two-wheeled vehicle BOWN125I 124C or a two-wheeled vehicle.

Around 00:58 on August 11, 2019, the Defendant driving a two-wheeled vehicle, and driving a two-lane in Michuhol-gu Incheon Metropolitan City, along with green lights, the front paths in the Michuhol-gu, Incheon, the Defendant driven a two-lane in the direction of light distance in the direction of the two-lane.

A person engaged in driving of a motor vehicle has a duty of care to check and drive the course safety by checking well the left-down.

Nevertheless, the Defendant neglected this and did not discover the victim F (ma, 58 years old) who illegally crosses the crosswalk without permission due to negligence in the course of business driving the crosswalk without due care, and shocked the part of the victim's body.

Ultimately, the Defendant suffered injury to the victim, such as the flaging of the 10 week-of-the-day flag, which requires treatment from the victim due to such occupational negligence.

2. Determination

(a) Applicable provisions of Acts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act

(b) A crime of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning Traffic Accident Settlement

C. The indictment of this case indicates the non-prosecution of punishment after the prosecution of this case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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