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(영문) 광주지방법원 해남지원 2020.05.07 2020고단68
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in ordinary driving service.

On October 15, 2019, the defendant, around 14:00, the 14:0, Jinnam-gun, Jindo-gun, was proceeding directly from C to D in the direction of D.

Since there is a place where traffic is not controlled, in such a case, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the Defendant neglected this and neglected to go straight beyond the virtual center line, and completed the left turn to go to E from the D room to go to the direction, and received the part on the left side of the victim F(I, 64 years old) driving without driving, which was going to go to the direction E from the D room, as the front part of the target vehicle.

As a result, the Defendant suffered injury to the victim by negligence on the part of the above business, such as salt and tensions that require approximately three weeks of medical treatment.

2. Determination

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

(b) Crimes of non-compliance with will: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

(c) Declaration of non-existence of punishment after public prosecution: The written agreement dated March 2, 2020;

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

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