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(영문) 광주지방법원 2019.04.30 2019고단567
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of Bwing and III freight vehicles.

around 07:10 on December 21, 2018, the Defendant was allowing to drive an above cargo vehicle parked at the construction site D located in Naju-si.

In such cases, drivers are obliged to accurately operate steering devices and brakes and safely drive them according to road site conditions.

Nevertheless, the Defendant neglected this and failed to properly handle the train, caused the truck to proceed in the future by negligence without properly manipulating the train, and caused the victim E (the age of 59) who was previously in front of it to be on the front of the truck.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the 14 weeks in need of medical treatment, i.e., unstable emissions.

2. Grounds for sentencing a judgment dismissing public prosecution; and

(a) Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts charged for the applicable provisions of Acts: Judgment dismissing public prosecution under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention or where a declaration of wish

(b) Declaration of intention of not to grant punishment: Submission of an agreement on April 16, 2019, which is after the institution of public prosecution;

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