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(영문) 의정부지방법원 고양지원 2018.09.14 2018고정697
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving C-wing and freight vehicles.

On February 13, 2018, the Defendant driven the above vehicle at around 09:40, the Defendant got to turn to the left at a speed that would not be known to the right-hand side on the roads of the two-lanes in Seoyang-gu, Seoyang-gu, Busan Metropolitan City along the first lane.

At all times, the left-hand turn sign is installed, and the driver of the vehicle has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping the vehicle.

Nevertheless, the defendant neglected to turn to the left and went to the right from the opposite side of the defendant's driving vehicle by negligence.

E (35) Driving F Poter's top top priority of the freight truck was collisioned with the top part of the Defendant's Driving Vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks’ medical treatment due to the above occupational negligence.

2. The judgment of this case is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted 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. Since the victim expressed his/her intention not to be punished by the defendant in this court, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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