logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 영동지원 2016.09.08 2016고단26
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving of the E-wing cargo vehicle.

On January 8, 2016, at around 18:15, the Defendant continued the front road of a public health clinic in front of a new public health clinic, which is located in 378, Lee Dong-gun, Chungcheongnam-gun, Lee Incheon-gun, Lee Dong-gun, with approximately 40 km in Si/Gun, from both sides of Dong-gun and Dong-gun, to the area where the two sides are located.

At the time, since it was night and place, the person engaged in driving service has a duty of care to check the safety of the course by reducing speed and by properly examining the right and the right and the right of the road, and to prevent accidents from being caused by driving.

Nevertheless, the Defendant neglected this and found the victim F (the age of 48) who was in the same way as that of the front bank road by negligence while neglecting it in front bank, and operated it late, but did not avoid it, and did not go against the Defendant’s vehicle, and neglected the right side of the victim’s vehicle to the front side.

As a result, the Defendant suffered from the victim’s occupational negligence such as a serious injury to the victim, which caused approximately 18 weeks of treatment, such as a pelle to the right-hand pelle and the state of pelvis infection after surgery, thereby causing danger to life.

2. The facts charged in this case, which fall under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, shall not be prosecuted against the will expressed by the victim under the main sentence of Article 3 (2) of the Act on Special Cases concerning

The facts charged of this case are that the defendant suffered serious injury, such as a pelle to the right pelle, etc., by the accident of this case.

However, the proviso of Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that “When a victim suffers a risk of life or has a incurable or incurable disease due to a bodily injury,” a special provision on punishment shall not apply to the case of being covered by an insurance or mutual aid under the main sentence of Article 4(1) of the same Act, while the same Act provides that the special provision on punishment shall not apply.

arrow