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(영문) 춘천지방법원 2017.02.08 2016고단1136
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant of the facts charged is a person who is engaged in driving of a two-wheeled motor vehicle with CSS-R600.

On May 8, 2015, the Defendant driven the above Oba in the street located in 130, Jincheon-gun, Jincheon-gun, Jincheon-gun, Dincheon-do, Dincheon-do, and continued to run the Obaba in an unfluened speed from the surface of the lightline inspection station to the ebbade and the opening.

Since the place is a bend road towards port and the above road stops on the above road, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes for those engaged in driving service.

Nevertheless, the Defendant neglected to drive the vehicle at the above point due to negligence, and caused the ZX-10Raba owned by the victim D, which was stopped on the right side of the proceeding direction, and the GYF-RI Ora, which is owned by the victim F, the victim H, the I CBR100 R Haba owned by the victim H, and the K19 PEIGALES Haba, which is owned by the victim J, has a chaind collision.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim D with repair costs of KRW 7,340,00, including FRP phishing exchange, KRW 2,425,00, and KRW 4,534,740, and KRW 46,553,470, in total, including repair costs, such as repair costs, for inter-routing exchange, to the victim H, and repair costs of KRW 32,254,00,00, in addition to the total repair costs of KRW 32,254,00.

2. The judgment is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s explicit intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. Since the victims of this case submitted a written agreement that they would not want punishment for the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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