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(영문) 인천지방법원 2014.06.12 2013고단6871
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who is engaged in driving a CP car.

On August 2, 2013, the Defendant driven the above vehicle on August 18:00, and made the left-hand turn at a speed of about 20km at a speed of about 10km from the direction of the wind apartment and the tri-profit apartment at a speed of about 97km in Jung-gu Incheon Metropolitan City.

Since there is a non-protective left turn, in such cases, the driver has a duty of care to ensure the safety of the course by checking well the front line before passing through the intersection, and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected to do so and did not properly see the left-hand side of the water and received the front part of the driver's seat of the victim D(74 years old) who illegally crossed the water at the same place.

Ultimately, the Defendant caused the injury of the victim by the occupational negligence above, such as the three reproduction and opening of the victim in need of medical treatment for about ten weeks.

However, the facts charged in the instant case constitute 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, and cannot be prosecuted against the express will of the victim pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of

However, according to the written agreement submitted by the defendant to this court on May 29, 2014, the victim D withdrawn his/her wish to punish the defendant on May 28, 2014, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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