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(영문) 서울남부지방법원 2015.12.03 2015고단3932
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving service of 124cc BVF125 Bab.

On April 30, 2015, the Defendant driven the above Obaon on the 16:17th day of April, 2015, and moved back to the private distance of the Yeongdeungpo-gu Seoul Metropolitan Government in front of the D Pharmacy in Yeongdeungpo-gu.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly driving the motor vehicle.

Nevertheless, the Defendant had the victim go beyond the road by shocking the right side part of the victim E (the age 49) left side part of the victim E (the age 49) on the left side of the vehicle of the Defendant, who walked along the lane from the shooting distance protection area of the Yeongdeungpo-gu market by negligence, without examining the right side of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 12 weeks of treatment, such as the upper left-hand flusium fluorization and the first fluorization flusium.

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 express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement

According to the records of this case, it is recognized that the victim agreed with the defendant on October 8, 2015, which was after the prosecution of this case, and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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