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(영문) 서울동부지방법원 2017.03.30 2016고단4494
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On October 23, 2016, the Defendant, who is engaged in driving of BPRINT vehicles, driven the above-wheeled vehicle around 18:10 on October 23, 2016, driven the two-lanes of the two-lanes in front of Seongdong-gu Seoul, Seongdong-gu, Seoul, with the head of the mab by two-sections in the mabs.

At the time, there was a crosswalk in which signal lights were installed, but the victim D (66) this pedestrian signal was cross-out without permission, so in such a case, the defendant, who is engaged in driving service, was at the front of the defendant, who got the victim as the front part of the defendant's vehicle and sustained the victim's injury, such as pressure pressure 1st century, which requires approximately 12 weeks of treatment.

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 the main sentence of Article 268 of the Criminal Act cannot be prosecuted against the express intent of the victim.

In this regard, according to the written agreement bound in the trial records, it can be recognized that the injured party expressed his/her intention not to be punished against the defendant on February 27, 2017, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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