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(영문) 인천지방법원 2016.05.13 2016고정629
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaged in driving CMW730Li vehicles.

On December 4, 2015, the Defendant driven the above car at around 14:40 on December 14, 2015, and proceeded at a speed of about 20 km from the long-distance side to the long-distance IC on the road along the 385-2-dong, Nam-gu, Incheon Metropolitan City.

In this case, a person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, the defendant neglected to do so and passed at the front side of the defendant's vehicle D(22) which is driven by the victim D(SM5). The latter part of the EM5 car was received as the front part of the defendant's vehicle.

Ultimately, the Defendant suffered from each injury, such as the f (24 Do), G (22 Do), and H (20 Do 20 Do 20 Do 20) by negligence on the part of the Defendant’s business as above, for approximately two 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 cannot be prosecuted against the express intent of the victim pursuant to the main sentence of Article 3(2) of the same Act.

However, according to the records of this case, since each agreement of the victim D, F, G, and H was submitted to the effect that the defendant does not want to be punished to this court on April 18, 2016, which was after the prosecution was filed, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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