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(영문) 광주지방법원 2013.03.12 2013고단146
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a rocketing car.

On November 19, 2012, the Defendant driven the above car on the 16:17th day of November, 2012, followed by kbccc broadcasting station located in Seo-gu, Nam-gu, Gwangju, about 10 km from the side of the Confucian School to the Seo-gu, Seo-gu, Seo-gu, Gwangju, and continued to proceed by right to the Gyeongsung Elementary School.

In such cases, a driver of a vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance by accurately manipulating the steering system and brakes while driving the vehicle.

Nevertheless, the Defendant neglected this and received the right-hand part of the victim C(25 years old) on the right-hand side of the victim C (25 years old) who has dried the road from the left-hand side of the direction of the defendant's course.

The Defendant suffered injury to the victim by occupational negligence during approximately nine weeks of medical treatment, such as the mouth of the upper pelvis.

2. The judgment is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2). According to the records, it is apparent that the victim submitted a written agreement on March 4, 2013, which was after the institution of the prosecution of this case, expressed his/her wish not to punish the defendant. Thus, the above facts charged constitute a case in which the victim expressed his/her wish not to prosecute a case which cannot be prosecuted against the victim’s express intention, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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