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(영문) 서울북부지방법원 2017.08.10 2017고단2406
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a car to be involved in C options.

On April 8, 2017, the Defendant driven the above car at around 10:30 on April 10, 2017, and led the front road of the E cafeteria located in Dongdaemun-gu Seoul Metropolitan Government D to the Cheongsan Fishery Market from the 200th of the Seodaemun-gu Seodaemun-gu.

In such cases, a person engaged in driving of a vehicle shall accurately operate the steering system, brakes and other devices of the vehicle, shall not drive the vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected this and did not confirm the victim F (55 years) who was in the front room due to negligence, and did not check the victim F (55 years). The defendant's driver's top top wheel part of the car with the victim's chest.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On July 10, 2017, after the institution of the instant indictment, a written agreement stating the victim’s intention not to punish the victim was submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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