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(영문) 수원지방법원 2020.02.10 2019고단7949
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a car BFD.

On November 25, 2019, the defendant driving the above vehicle, which led to turn to the left of the intersection in front of the wife population C apartment at the port of the D elementary school.

At the time, the place is a three-distance intersection where the passage of a vehicle is frequent, and there is a non-protective left-hand turn at the front side, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to keep the front side and the left and right from driving the motor vehicle from being safely driven and driving the motor vehicle in the opposite direction not to obstruct the passage of the vehicle in the opposite direction.

Nevertheless, the defendant neglected this and neglected to turn to the left without protecting the right, and received the front part of the FOba in the driving of the victim E (the 26-year-old) who was in the opposite direction in the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury, such as cutting the body body of the fingers, which requires approximately 10 weeks of medical treatment from the victim due to the above occupational negligence.

2. Determination

(a) Provisions of applicable Acts to criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

C. On January 31, 2020 after the institution of public prosecution, the wishing to punish is withdrawn by submitting a written agreement.

(d) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;

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