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(영문) 서울서부지방법원 2017.08.22 2017고단1934
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving service B.

On March 6, 2017, the Defendant driven an Obaon around 18:00, and continued the front road of Eunpyeong-gu Seoul Metropolitan Government to the front road of Eunpyeong-gu from the off-distance off from the off-distance off.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering system by accurately operating the steering system, steering system, and operating the steering system.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (the 67 years old) who crosses the road to the right side from the left side of the front direction of the course by negligence that neglected to do so, and did not discover the victim D (the 67 years old) who crosses the road to the right side, and received the part of the victim's right bucks with the front wheels part of the Defendant's driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the part of the right-side adjacent to the outer area, which requires treatment for about three weeks.

2. The judgment 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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records of this case, it can be acknowledged that the victim expressed his/her wish not to punish the defendant on April 24, 2017, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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