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(영문) 서울서부지방법원 2017.05.12 2017고단424
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a DD car.

On November 5, 2016, the Defendant driven the above car at around 23:25, and parked at the edge of one-lane road in Yongsan-gu Seoul Metropolitan Government E-do.

The location is a sloping road, and in that case, the driver of the vehicle has a duty of care to thoroughly park the vehicle so that the driver of the vehicle can not accurately operate the operation system of the vehicle and move the vehicle to the sloping direction.

Nevertheless, the defendant did not accurately operate the operation system, and without thoroughly checking whether the vehicle is parked, proceeded to the left-hand side by the road to the right-hand side by the negligence of leaving the driver's seat without thoroughly checking whether the vehicle is parked, and the part of the bridge of the victim F (39 years old) and the victim G (35 years old old) are facing the above part of the front-hand part of the vehicle.

As a result, the Defendant suffered injury to the victim F, such as dulverization of flag, etc., which requires approximately eight weeks of treatment by occupational negligence as above, and injury to the victim G, such as the right flags and flag, which require approximately eight weeks of treatment, respectively.

2. Determination - The victims’ failure to punish (see, e.g., Supreme Court Decision 2009Da1548, May 2, 2017) - The judgment dismissing a public prosecution: Article 3(2) main sentence of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 327 subparag. 6

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