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(영문) 대전지방법원 2015.06.18 2015고단265
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person who is engaged in driving C Rays.

At around 17:40 on October 14, 2014, the Defendant driven the above vehicle at the front intersection of the Namsan District District of Geumsan-gu, Geumsan-gun and made it left left to the direction of a fire station at the boundary of a public playground.

At the same time, there are four-distance crossings with a non-protective left-hand turn, and there was a duty of care to prevent traffic accidents by accurately operating the ESCOT 110 Orala of the victim D(71 years old) at the opposite side. In such a case, a person engaged in driving service has a duty of care to prevent traffic accidents by accurately operating the steering and steering devices prior to entering the intersection.

Nevertheless, the Defendant neglected the duty of front-time and caused the damage to the front part of the vehicle driven by the Defendant due to the negligence of left-hand turn on the blue signal while neglecting the duty of front-time.

Ultimately, the Defendant caused the victim D by negligence in the course of performing the above duties, resulting in the risk of life and the occurrence of a permanent disability by causing injury, such as the escape of the mouth from the left-hand body, which requires a 12-day medical treatment.

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, which are crimes of non-violation of will under the main sentence of Article 3(2). Since it is apparent in the record that the victim has withdrawn his/her wish to punish the Defendant after the instant indictment was instituted, the prosecution against the said facts charged is dismissed in accordance with Article 327 subparag.

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