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(영문) 청주지방법원 2016.08.30 2015고단105
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On October 26, 2014, the Defendant is a person who is engaged in driving teex (B) agricultural machinery, and the Defendant operated the above agricultural machinery on October 14:38, 2014, and he was under right bypassing the way from the right edge to the right edge of the Mari-distance agricultural road in front of the D stable in the Gun C to the right edge of the Mariri-ri-ri speed.

The location is a road without a separate delivery, and there was a duty of care to drive a pedestrian who is walking at the edge of the road, by examining the situation where the pedestrian is walking at sufficient intervals, and at sufficient intervals to reduce the speed.

Nevertheless, the defendant neglected to do so and negligently driven by the negligence of driving the motor vehicle and served on the right side of the motor vehicle with the wheels.

After all, the Defendant suffered injury that requires approximately six weeks of medical treatment, such as kneee-free cutting, etc., without left-hand side, due to the above occupational negligence.

2. The above 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 pursuant to the main sentence of Article 3(2) of the same Act. The records show that the victim does not want to punish the defendant to the investigative agency prior to the prosecution of this case.

The instant indictment is dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act, since the submission of a written agreement containing an expression of intent to the effect is recognized.

It is so decided as per Disposition for the above reasons.

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