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(영문) 서울동부지방법원 2013.08.21 2013고단1106
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. On April 27, 2013, the Defendant, who was engaged in driving of MTB electric bicycles (mazers: 500w, 36 V). On April 27, 2013, the Defendant driven the said bicycle and proceeded the Han River bicycle exclusive for the Han River in Songpa-gu Seoul Metropolitan City, which is located in a locking-dong as of April 27, 2013, along the one lane in the direction of locking the right edge in the direction of locking the motor vehicle. At night, the Defendant, as a night, has a duty of care to ensure that a person engaged in driving service, as a driver at night, is able to look at the front line well and safely drive the tea and prevent accidents from occurring on a smoke.

Nevertheless, the Defendant neglected this and got the front wheels of the bicycle driven by the victim B (the age of 18) who was driven by the normal lane in line with the direction of the driving of the bicycle in line with the Defendant’s bicycle front wheel part, and suffered about six weeks of treatment due to the shock, and at the same time damaged the victim’s repair cost of the damaged bicycle in excess of 360,000 won.

2. The above facts charged are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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 records, it is recognized that a written agreement containing the victim’s intent not to punish the defendant on July 8, 2013 after the institution of the instant indictment was submitted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag.

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