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(영문) 청주지방법원 영동지원 2015.03.19 2015고단5
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving of Bone Stars.

On October 5, 2014, at around 12:15, the Defendant, from the Dcafeteria parking lot located in Chungcheong-gun C, Chungcheongnam-do, Chungcheongnam-do, to the 68-lane 1-lane Do road along the adjacent Do road, continued to enter the said Do road.

It is a local highway where a vehicle passes through, so in such a case, a person engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the rear side.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and found the FOba driven by the victim E (the 68-year-old) who normally proceeds from the discharge of Geumsan in the area of Mung-dong Eup (the 68-year-old) due to the negligence of the latter, and received the victim's Obaba on the back of the above fabababa.

As a result, the Defendant suffered from the injury of the Defendant, by negligence in the course of performing his duties, such as the inside of a letter, the rash, blood transfusion, scambling of free body, the brain scambris without two heat heat, and the head’s tent, etc., and suffered a serious injury due to the real name of a letter.

2. We examine the judgment. The facts charged of this case are crimes 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the criminal agreement bound in the trial records, the victim E may acknowledge the fact that he expressed his wish not to punish the defendant on February 11, 2015, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

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