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(영문) 광주지방법원 장흥지원 2020.02.13 2019고단152
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving a vehicle driving B treatment5 tons or higher truck.

On April 6, 2019, the Defendant driven the above vehicle at a speed of 10:30 on April 6, 2019, and made the left turn to the left at an irregular speed from the luxal surface of the luxal road located in the luxala of the Sinung-gu, Seoul Special Metropolitan City.

Since there was an intersection where traffic control is not performed, the defendant has a duty of care to safely proceed after checking whether there is a cross-road by driving or temporarily stopping.

Nevertheless, the Defendant neglected to do so and neglected to do so and led the Defendant to the front wheel part of the Defendant’s driver’s seat of the driver’s driving seat of the DNA-learning car, which was straighted as the front side of the driver’s seat of the driver’s vehicle, from the front side of the Defendant’s vehicle.

As a result, the Defendant caused serious injury to the victim E (the age of 79) who was on board the flive passenger car due to the above occupational negligence, by causing the victim E (the age of 79) to be influence of non-fluence, such as slicking of the left flive body due to the defluence of the part in need of treatment for about 12 weeks

2. Determination

(a) Crimes of non-compliance with an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Declaration of non-existence of punishment after filing a public prosecution: The written agreement dated December 18, 2019;

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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