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(영문) 대전지방법원공주지원 2020.11.06 2020고단367
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving a BKan-Pack vehicle.

On June 28, 2019, the Defendant driven the above car at around 10:35 on June 28, 2019, and led to the front intersection of the C apartment at the time of the official city by straighting from the front section to the front section.

At this point, there was a yellow flashing signal, etc., and the victim D(n, 62 years old)'s ECA105 Obaba, as the victim D (n, 62 years old) was temporarily stop from the C apartment room in accordance with the red coloring signals to the right-hand turn, and entered the above intersection, so the driver of the vehicle has already entered the above intersection. Thus, the driver of the vehicle has a duty of care to yield the course for the vehicle when there was another vehicle already entering the intersection, and to check and proceed with the traffic situation and the right-hand side of the intersection.

Nevertheless, the Defendant neglected this and went through the intersection and did not properly look at the error of the victim who first entered the intersection, thereby receiving the right side part of the above Orala as the front part of the said car.

As a result, the Defendant caused the victim’s death risk, such as blood transfusion, which requires approximately six months of medical treatment due to such occupational negligence, and suffered from serious injury caused by an incurable disease, such as visual disorder.

2. The facts charged in the instant 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, and cannot be prosecuted against the victim’s express intent under Article 3(2) of the Act on Special Cases concerning the Settlement

On October 26, 2020, after the prosecution of this case, the victim expressed his intention that he does not want the punishment of the defendant in this court.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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