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(영문) 전주지방법원 군산지원 2015.03.18 2014고단1335
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 a vehicle of CM5.

On October 20, 2012, the Defendant driven the above car on October 20, 208:45, and proceeded ahead of the road D located in the Si of Gunsan to a speed of about 40 km in speed, depending on the two-lanes of speed, from the future where the Si of Gunsan-si is located in the Gunsan-si and from the female bank.

In such a case, despite the duty of care to ensure safe operation by accurately operating the steering zone and the steering system for the driver of the vehicle, the defendant neglected to do so and caused the victim F (n, 80 years of age) who was walking on the right side of the vehicle to be the victim on the right side of the vehicle by failing to properly examine the victim F (n, 80 years of age).

Ultimately, the Defendant caused the victim to suffer a serious injury due to the above occupational negligence on the part of the victim, such as the disability of recognition function due to the injury of the external brain, and the disability of walking.

2. The above facts charged 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 the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement of March 16, 2015, which was submitted after the institution of public prosecution, the victim expressed an explicit intention not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure

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