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(영문) 전주지방법원 정읍지원 2019.07.23 2019고단244
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of Bwing and III freight vehicles.

On December 21, 2018, the Defendant driven the above vehicle at around 09:25, and made a left-hand turn to the right-hand turn at the dat-side of the Go Chang Chang-gun apartment at the front of the Go Chang-gun apartment at the dat-side of the Heung-gun.

At the same time, there is a non-protective left-hand turn crossing where the signal, etc. is installed, so in such cases, even if the driver of the vehicle is a straight-hand turn signal available to the person engaged in driving the vehicle, there was a duty of care to prevent the accident in advance by yielding the course to the vehicle, etc., if there is another vehicle in a straight-hand turn

Nevertheless, the defendant neglected this and neglected to turn to the left as it is, and caused the victim E to have the front part of the F salary class III and the third cargo vehicle driven by the victim E, which was driven by the victim E, to have the front door of the right side of the defendant vehicle.

Ultimately, the Defendant suffered from serious injury, such as the impairment of the U.S. aquatic scambling, which requires approximately 20 weeks of treatment to the victim G (the age of 80) who is the passenger of the victimized vehicle due to the above occupational negligence.

2. Determination

(a) Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts charged for the applicable provisions of Acts: Judgment dismissing public prosecution under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention, or where a declaration of

(b) Declaration of non-performance of punishment: Submission of an agreement on July 11, 2019, which is after a public prosecution is instituted;

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