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(영문) 대구지방법원 영덕지원 2017.09.20 2017고단185
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving Csch Rexroths.

On December 3, 2016, around 15:00, the Defendant continued to proceed with the above Bosch Rexroth on the front roads D in Young-gu, Chungcheongnam-gun from the port of port to the 15:00 00 00 00 00 000 0.

Since there have been a telecommunication cable in the airspace above the airspace, there was a duty of care to safely operate the cable in accordance with the height of the mid-term season installed in the Bosch Rexroth and prevent accidents from spreading.

Nevertheless, due to the negligence of neglecting this, the Defendant, as part of the straw straw straw in the straw machine installed in the straw straw, conflicted with the telecommunication cable installed in the straw straw straw straw, and destroyed the telecommunication cable market price of KRW 25,931,955, the telecommunication cable market price of KRW 25,931,955, and KRW 17,825,50,50, the telecommunication cable market price of the victim SK owned by the victim SK, respectively.

2. The facts charged in the instant case are crimes falling under Article 151 of the Road Traffic Act, and cannot be prosecuted against the express will of the victim pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records of the public trial, the victims can be acknowledged to have withdrawn their wish to punish the defendant on September 7, 2017, which was after the institution of public prosecution. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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