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(영문) 대구지방법원 상주지원 2013.11.26 2013고단400
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The facts charged of the instant case reveal that “the Defendant is a person who is engaged in driving of B-W cargo vehicles. The Defendant, around May 28, 2013, sent the entrance3 distance of the Young River located in the Yanyang-si, Seoyang-si, 09:40 on May 28, 2013, bypassing it from the direction of the bank to the Heung-dong. Since the traffic was a frequent intersection, the Defendant was responsible for performing a duty of care to check the safety of the vehicle through the intersection while driving the vehicle for a temporary stop or slowly prior to entering the direction, and to accurately operate the steering and brake system, and to prevent the accident from spreading. Nevertheless, the Defendant was at the risk that the Defendant sustained the right-hand side of the 100-Top road operated by the victim C (the 67 years old) who was under operation of the 100-top of the said vehicle from the right-hand side of the said vehicle due to the negligence in the course of performing a duty.”

The facts charged of this 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 cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) and Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the agreement received on November 15, 2013, the victim of the facts charged of this case is deemed to have expressed his/her intention not to punish the defendant, and thus, the prosecution of this case is dismissed pursuant to Article 3

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