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(영문) 부산지방법원 동부지원 2018.07.11 2018고단629
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a rocketing individual taxi.

On November 24, 2017, the Defendant driven the above taxi on November 16:48, 2017, and proceeded at a speed of about 70 km from the border side to the shipping zone of about 44 km in the Southern-dong, Suwon-gu, Busan.

The Defendant, as a driver of a motor vehicle, has a duty of care to safely operate the steering gear, brakes, and other devices of the motor vehicle, after checking whether there is a motor vehicle that stops front, rear, and right and right and right of the motor vehicle, and to not drive the motor vehicle at a speed or in a manner that may cause danger and harm to other motor vehicles and people according to the road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and stopped an emergency, etc. on the side of the four-lane right line ahead of the moving direction without checking it properly, and caused the injury to the victim, such as the impairment of the left side of the ENAS car and the part of the victim's body, which reported the rear side while the driving seat door was open, due to the shock of the two parts from the front side of the vehicle driving by the Defendant, which require approximately 10 weeks of medical treatment, and the injury, such as the damage of the part of the right side, 2,3,4,4,5 flood and the part of the water course, and the damage of the part of the water course, which occurred from the 5 tample, which occurred in the middle part of the balance, and the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part.

2. The facts charged of the instant case cannot be prosecuted against the victim’s explicit intent.

According to the records, since an agreement between the defendant and the victim was made after the prosecution of this case and the victim did not want to punish the defendant, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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