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(영문) 서울서부지방법원 2020.09.24 2020고단1370
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the operation of Bump trucks.

On March 5, 2019, the Defendant, around 10:33 March 5, 2019, proceeded along three lanes in the direction of green translation from the direction of red intersection road in front of Seodaemun-gu Seoul apartment.

At the time, the bicycle riding on the right side of the victim D(63 years old) is proceeding, so in such a case, the defendant, who is engaged in driving a motor vehicle, had a duty of care to check and drive the safety of the victim, with a sufficient interval of time, by sufficiently seeing the front side and the left side and the left side of the motor vehicle, reducing speed, and living well at the same time.

Nevertheless, the Defendant neglected to drive a bicycle while driving the bicycle for the victim, and continued to contact the front part of the victim's bicycle driving truck with the front part of the victim's bicycle driving, and continued to go beyond the victim. The victim's right side part of the victim's right side facing the road is the front part of the driver's truck, and the victim suffered injury, such as the right side 20 weeks of treatment, and the non-standing executive gale.

Accordingly, the defendant caused the traffic accident to the victim's illness or incurable or incurable disease.

2. The offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in this case is an offense 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 the offense cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act

However, on August 26, 2020, after the prosecution of this case, the victim expressed his/her intention not to have the defendant punished, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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