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(영문) 전주지방법원 2015.09.08 2015고단916
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 10:20 on October 4, 2013, the Defendant driving a C 2 truck of freight on C 10:20 on and around October 4, 2013, and the Defendant proceeded one way in front of E commercial buildings located in E Donsan-gu, Jeonju-si.

At this time, since the victim F(57 years of age) showed that the victim F(57 years of age) is standing or stopping a bicycle on the front door, the driver had a duty of care to check and drive the safety after reducing the speed and stopping the same at sufficient intervals.

Nevertheless, the Defendant neglected this and immediately discovered the victim who passed a bicycle on the front side by his negligence while driving the bicycle, and applied the hand to the left side in order to avoid this, but did not avoid it and did not go to the left side of the victim's bicycle, and did not go to the ground.

Ultimately, the Defendant suffered from an injury to the victim due to the occupational negligence as above, and thereby caused an incurable or incurable disease on March 23, 2015, which was decided by the second grade of intellectual disability on March 23, 2015.

2. The above facts charged 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, which cannot be prosecuted against the victim’s express intent in accordance with the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the records, the victim can recognize the fact that he/she expressed his/her intention not to be punished against the defendant on August 19, 2015, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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