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(영문) 수원지방법원 성남지원 2016.09.12 2016고단1854
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving service of BCA110 Oba.

On March 18, 2016, the Defendant driven the upper 00:15 on the upper otoba, and led the front Do road in Gwangju City to the Si Library approximately 60 km from the central high school to the city library.

At the time, there was a duty of care to prevent accidents in advance by driving safely in the front left left and right while driving safely.

Nevertheless, the defendant neglected to do so and found the victim E (51) late from the right side of the marina road to the left side by his negligence and caused the victim to go beyond the floor by taking the front part of the sea-to-land operated by the defendant.

As a result, the Defendant suffered injury, such as cutting down balls, which require approximately six weeks of medical treatment, to the victim due to such occupational negligence.

2. The above facts charged are the crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the victim’s express intent under Article 3(2) of the same Act.

In this regard, on September 8, 2016, the victim E withdrawn his wish to punish the defendant after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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