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(영문) 대전지방법원 서산지원 2014.12.12 2014고단1006
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving B cargo vehicles.

On June 17, 2014, the Defendant driven the above vehicle in front of the C apartment commercial building at a speed of about 5 km per hour and continued at the speed of 16:40 on June 17, 2014.

Since the place is frequently accessible to the residents, the driver had a duty of care to safely operate the steering boat and brakes by accurately manipulating the steering boat and brakes.

Nevertheless, the defendant neglected this and got the victim D (two years of age) who was playing on the right side of the vehicle as the front right side of the vehicle.

As a result, the Defendant suffered from the above occupational negligence a serious injury, such as cutting off four or five parts on the left side and cutting down the five parts, which requires treatment for about six months or more.

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, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, on October 27, 2014, which is the legal representative of the victim following the institution of the instant prosecution, E, the legal representative of the victim, submitted a motor vehicle traffic accident agreement to the court and expressed his/her intent not to punish the defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6

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