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(영문) 청주지방법원 2020.11.12 2020고단1676
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in bicycle driving service.

On July 2, 2020, at around 16:04, the Defendant got a road front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu (a combined road for bicycles and pedestrians) from the front of the Cheong-gu, Seo-gu, Seo-gu, Seo-gu, and passed the bicycle with a distance of decentralization.

In such cases, there was a duty of care to prevent accidents by safely proceeding after checking the safety of pedestrians by checking the right and the right of the bicycle driver.

Nevertheless, the Defendant neglected this and got the victim D (the age of 55) who was going on the right side of the running direction of the Defendant as a bicycle by negligence.

Ultimately, the Defendant suffered injury to the victim, such as the upper end of the upper end in need of approximately 10 weeks of medical treatment due to the above occupational negligence.

2. The facts charged in the instant case 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 under Article 3(2) of the Act on Special Cases concerning the Settlement

On September 22, 2020, after the prosecution of this case, the victim expressed his intention that the court does not want the punishment of the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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