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(영문) 인천지방법원 부천지원 2017.12.15 2017고단1900
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant case is a person engaging in driving C-B trucks.

On April 4, 2017, the Defendant driven the above truck around 02:08, and driven the road of the three-lanes of the Young-dong Highway, which is located in the usual rith of the Hocheon-si Ho-si Hohon-si, Gyeonggi-do, at the speed of about 90-95km from the Incheon to the west-si.

At the time, the sudden dog occurred, and the transition of the front door, so there was a duty of care to reduce the speed and to prevent accidents in advance by driving the vehicle safely.

Nevertheless, the Defendant neglected to take relief measures due to the occurrence of an accident in front of the said vehicle, and brought the victim H(43) and the victim F(F) who was on the road on the road in order to take the right side of the said truck. The Defendant continued to take the part of the victim F (W, 37 years old)'s G rocketing driving that was moved over to the two lanes due to the preceding accident. The Defendant received the front side of the said truck and had the victim H(43 years old) and the victim F, who was on the road on the road.

After all, the Defendant, by such occupational negligence, sustained injury to the brain ties, etc., which had no wound in the 12 week medical treatment to the above F, and suffered injury to the above H, such as a cage cage cage cage cage cages, etc. which require approximately 12 weeks medical treatment, and damaged the above rocketing car to be repaired.

2. Determination of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act 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 the defendant cannot institute a prosecution 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.

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