logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.07.04 2016고단3090
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving of the Category D Scarman.

On October 28, 2015, the Defendant driven the above vehicle at around 16:10, and proceeded to the port apartment on the side of the river sand, which used the two-lane road in front of the bonded warehouse No. 2, 209, which is located on the 13-lane, Jung-gu, Incheon, Jung-gu.

At the time, the Defendant’s driver’s vehicle stops over the crosswalk, and thus, there was a duty of care to start with the driver’s vehicle after checking the safety of the course by properly examining the surrounding areas of the vehicle, such as the front door and the rear door, before starting the driver’s vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (A, 43 years old) who was waiting for a pedestrian crossing signal in front of the left fourth wheels of the vehicle driving by the Defendant due to negligence, and went beyond the victim's bridge by shocking the side of the bridge.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused a serious injury to the victim, such as a chronic alley of the pelle part that is anticipated to have a chronic alley and walking disability (13% permanent disability).

2. The above act is a crime 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 explicit intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records, it can be recognized that the victim agreed with the defendant on July 1, 2016, which was after the prosecution and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow