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(영문) 수원지방법원 평택지원 2019.09.27 2019고단658
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving Bump trucks.

On December 24, 2018, around 13:15, the Defendant proceeded bypassing a road in front of C in the direction of a long speed from the two intersections to the long speed from which it is impossible to know from the two intersections.

At the same time, the EITI100 motorcycle, which is driven by the victim D(77 years old) at the front door, was driven by the victim D, so in such a case, the driver had a duty of care to prevent the accident in advance by properly manipulating the front door and the right and the right and the right and the right and the right and the right and the right and safely operating the steering boat and the system.

The Defendant neglected to do so and proceeded bypassing the left side of the victim's motorcycle, and received the front wheels of the dump truck as the front right side of the victim's motorcycle.

As a result, the Defendant suffered injury, such as escape, locking, damage from skin loss, etc., which requires treatment for about four months on the left-hand side due to the above occupational negligence, and the victim became a victim by cutting down on the left-hand side.

2. Determination

(a) Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts charged for the applicable provisions of Acts: Judgment dismissing public prosecution under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention or where a declaration of wish

(b) Declaration of intention of not to grant punishment: Submission of an agreement on May 30, 2019, which is after the institution of public prosecution.

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