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(영문) 울산지방법원 2019.06.21 2019고단612
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person who is engaged in driving service of B in the instant facts charged.

At around 15:00 on December 29, 2014, the Defendant was driving the said car without having stuffed within the D factory site located in Ulsan-gun, Ulsan-gun.

In such cases, a driver engaged in the driving of motor vehicles shall verify whether he/she is a person in the vicinity, and take necessary measures to have the cargo covered or fastened in order to prevent the cargo from falling off.

Nevertheless, the defendant neglected this and caused the snow of the victim E (the age of 60) who was in the nearest condition due to the negligence of driving the cargo as it was.

Ultimately, the Defendant caused a serious injury to the victim, such as permanent loss of trial history in the face, by negligence on the part of the Defendant.

Judgment

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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases

However, on June 20, 2019, after the prosecution of this case was instituted, the victim withdrawn his/her wish to punish the defendant, and thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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