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(영문) 서울동부지방법원 2019.06.14 2019고단749
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a rash car.

On April 28, 2018, the Defendant driven the above car on April 28, 2018, and made the left turn to the right turn to the right turn to the right turn to the right turn to the right of life from the 3-distance located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

At all times, the width of the road is narrow, and the crosswalks are high, so in such a case, the driver of the vehicle has a duty of care to ensure the safe operation of the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and found the victim C (M, 74 years old) of the victim C (M, 74 years old) who opened the road at the front direction of the Defendant’s moving the road to the left without examining the front direction and left right and right, and did not immediately stop the road, but did not go to the front direction of the above vehicle on the road other than the crosswalk, and got the victim to move to the road.

Ultimately, the Defendant suffered from occupational negligence that caused the victim to suffer serious injury to the language and cerebral disease that makes it impossible to open and walk independent from ordinary communication and that is necessary to assist others, due to such occupational negligence.

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 under the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the records of this case, on May 21, 2019, the victim, after instituting the prosecution of this case, expressed his/her intent not to be punished against the defendant upon agreement with the defendant (see the written agreement dated May 21, 2019).

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