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(영문) 대구지방법원 2016.06.16 2015고단5315
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who is engaged in driving of the Done Star vehicle owned by C, driven the above vehicle around 05:39 on August 24, 2015, driving the vehicle in the direction of water traffic in the direction of water traffic, depending on five lanes in front of the Hansung-gu Han Bank located in Daegu, and driving the vehicle in the direction of water traffic along five lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant was negligent in neglecting this and proceeding on the left side of the direction, and received the body of the victim E (75 years) who was crossing without permission on the crosswalk from the left side of the direction of the course, as the front part of the above vehicle.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as blood transfusion within the two days of treatment.

2. The foregoing 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According to the agreement, it is recognized that the victim has withdrawn his/her wish to punish the defendant on May 2, 2016, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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