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(영문) 부산지방법원 2018.05.17 2017고정2492
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in the business of smuggling and driving fingers for water supply.

On May 11, 2017, the Defendant driven a handhouse above 16:30 on May 11, 2017, and proceeded ahead of the D cafeteria located in Busan Jung-gu in Busan Jung-gu in the direction of the alley of the Bupyeong-dong Hamp.

In this case, a person engaged in driving of a handcart has a duty of care to check safety and operate the handcon and the left and right well.

Nevertheless, the Defendant neglected this and led the hand, and received the left side of the victim E, who walked on the road in the direction of the mastal by negligence, as the left side of the hand-on.

Ultimately, the Defendant caused the victim to suffer injury, such as catum salt and tension, which requires approximately three weeks of medical treatment by occupational negligence as above.

2. The instant 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act.

According to the records, it can be recognized that the victim mentioned in the facts charged has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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