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(영문) 대전지방법원 2018.07.09 2018고단1658
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of a vehicle for BM5 riding.

On January 17, 2018, the Defendant driving the above vehicle at around 07:10, and driving the two-lane road in front of the street park located in Seo-gu Daejeon, Seo-gu, Daejeon along two-lanes into the four-distance distance from the City Office of Education in the direction of the viewing basin. At that time, it was difficult to see weather as a new wall time, and the surface was damp, and in such a case, the driver of the vehicle has the duty of care to safely drive the vehicle, such as accurately operating the brake system of the vehicle and closely displaying the right and the right of the road.

Nevertheless, the defendant neglected to view it on the front part of the vehicle of the defendant, who is a pedestrian crossing the road going on the side of the bus stop, after neglecting to view it on the front part of the vehicle.

As a result, the Defendant suffered serious injury to the victim, such as 3-4 Hashes and hushes and incomplete lags, which require approximately 12 weeks of treatment due to such occupational negligence.

2. We examine the judgment. The above facts charged 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, 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. According to the records of this case, the victim can be acknowledged that he expressed his intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case against the defendant is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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