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(영문) 서울동부지방법원 2013.07.19 2013고정1517
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person driving BMW car on duty.

On 19:00 on 19:00 on 19:05, the Defendant driven the car at a speed that is difficult to know by driving the car at a distance that is not different from the lane in front of 179-3, the 179-3-dong, Simong-dong, Seoul.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the front and rear left well.

Nevertheless, the defendant is negligent in driving the vehicle.

According to the right edge of the course, the part of the right edge of the victim C (25 years of age, inn) who is walking is going back to the right edge of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim due to the occupational negligence above, which requires approximately four weeks of medical treatment.

2. The instant crime is an offense falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and cannot be punished against the victim’s express intent under the main sentence of Article 3(2) of the same Act. Since the agreement on July 10, 2013, which expressed the victim’s intent not to punish the Defendant, was submitted to this court, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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