logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.03.09 2017고단1
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a Clearning car.

On September 28, 2016, the Defendant driven the above car at around 19:18, and proceeded two lanes in front of the 305-dong apartment in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Seodong-gu, Incheon, at a speed of about 59 to 65 km per hour, depending on the 2-dong community service center located in the south Dong-gu.

In this case, there was a duty of care to prevent accidents in advance by properly manipulating the brake system to those engaged in driving service of motor vehicles before, after, after, and after the direction of driving, and to prevent accidents.

Nevertheless, the Defendant neglected this and found the victim D (30) who crosses the crosswalk from the right side of the said car driving direction to the left side of the pedestrian red signal to be the left side of the said car driving direction at late later, and shocked into the front part of the said car, thereby leaving the victim up to the floor.

Defendant 2 caused injury to the victim by negligence in the course of performing the above duties, such as an injury to the victim of sexual intercourse, which had no two open wound in the number of days of treatment.

2. The instant 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, and the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents cannot be prosecuted against the victim’s express intent.

According to the records, it can be recognized that the victim agreed with the defendant and expressed his wish not to punish the defendant around February 2017, 2017, which was after the prosecution was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow