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(영문) 인천지방법원 2013.10.17 2013고단1449
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, who is engaged in driving C Edp trucks on November 6, 2012, driven the above cargo vehicle at around 08:22, and proceeds along three lanes in the direction of Seocheon-gu ICT, Seo-gu, Incheon, Seo-gu, Incheon, along the roads of 9.1km in the direction of Seocheon-gu, Seoul. In addition, the Defendant neglected to perform his duty of care to accurately operate the steering direction and brakes and prevent accidents, while neglecting his duty of care to prevent accidents. In addition, the Defendant followed the Edpp trucks of D driving, which was stopped on the same side and the three-lane of the same road at the same time, and caused the victim H (the age 27 years) who was on the front of the G Tdp trucks in the same two-lane road, to leave the right side of the vehicle permanently by leaving it open to the right side of the victim.

This is a crime 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 discussed 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. It is clear that the defendant’s defense counsel expressed on September 27, 2013 that the above victim did not want to be punished. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure

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