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(영문) 인천지방법원 2014.10.06 2014고단6166
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant is a person who is engaged in the driving of the Grandroth.

Around 24:00 on July 24, 2014, the Defendant driven the above van, and made a left-hand turn at a speed of about 30km from the Cheongra side to the right-hand turn at a speed of about 30km, depending on the first line of the 3rd line of the road in front of the construction site located in the territory of Seo-gu, Incheon Metropolitan City.

At the time, there was a lot of night and rain, so in such a case, a person engaged in driving service has a duty of care to accurately operate the steering gear and brakes of the vehicle, and to safely drive the vehicle by taking into account the traffic situation of the front side.

Nevertheless, the Defendant neglected to do so and did not live well in front, and was driven by the victim C (year 26) prior to the front of the vehicle at the front by negligence, which was driven by the victim C (year 26).

Ultimately, the Defendant suffered injury, such as vertebrate, etc., to the victim due to the above occupational negligence for about six months.

However, according to Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, the facts charged in the instant case can not be prosecuted against the clearly expressed will of the victim.

However, according to the records, the above victim's agreement with the defendant on September 26, 2004 and withdrawal of his wish to punish the defendant is recognized. Thus, 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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