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(영문) 서울서부지방법원 2018.04.26 2018고단607
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving Bunst cargo vehicles.

On October 22, 2017, the Defendant driven the rocketing cargo vehicle at around 01:30 on the 01st day of October 22, 2017, and led to the flow of the west Highway 295km located in the west Eup/Myeon at the time of harmony at an insular speed depending on three-lanes between the three-lanes in the direction of each direction.

In this case, there was a duty of care to thoroughly examine the right and the right and the right and the right of the driver of the motor vehicle, and to accurately manipulate the steering direction and the brake system to prevent the accident.

Nevertheless, the Defendant neglected to operate the steering gear and did not properly operate the steering gear, thereby causing injury to the victim C (35 years old) who was on the right side of the above expressway due to the shock and was on the shock of the above rocketing cargo, such as an injury to the left side guard, such as a thropical pulverization of pulverization, which requires a treatment for about 12 weeks, and suffered injury to the victim D (5 years old), such as two stoph et al., requiring treatment for about 8 days.

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 do not fall under any subparagraph of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus, it is not possible to institute a public prosecution against the victim’s express intent under the main sentence of Article 3(2) of the Act

According to the records, the victims expressed their intent that they would not want the punishment of the defendant by mutual agreement with the defendant after the prosecution of this case (see each written agreement attached to the written opinion of April 3, 2018). 3. Accordingly, according to the conclusion on April 3, 2018, 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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