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(영문) 광주지방법원 2018.04.17 2018고단569
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is engaged in driving two-wheeled vehicles BCA110B.

On January 4, 2018, the Defendant driven the above vehicle at around 08:10, and led to the progress of the movement of the Seo-gu Agricultural Product Joint Wholesale Market at the upper speed at the second level in Seo-gu, Gwangju.

At the same time, there were many people who walk while managing various goods, such as vegetables, so in such a case, there was a duty of care to check whether a person engaged in driving service is a person who walk by reducing the speed and by properly examining the right and the right and the right of the driver, and to prevent the accident by driving the vehicle.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the front part of the damaged victim C (Woo, 57 years old) who was walking along the fingers on the left side of the running direction of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the sofacination of the body in need of medical treatment for about 12 weeks due to the above occupational negligence.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim expressed his/her intention not to be punished against the Defendant on April 13, 2018 after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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