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(영문) 대구지방법원 경주지원 2013.06.04 2013고단227
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged in the instant case is a person driving BScar car on duty.

On October 27, 2012, at around 20:38, the Defendant, along the two-lanes of the 100-lane of the Choyang-dong located in Choyang-dong, Seoyang-si, Pak-si, the Defendant was running along the two-lanes from the side of the racing to the non-Korean History, making the two-lanes of the two-lanes.

At the time, it was night, and there was no good view in front, and the defendant tried to make a U-turn on the opposite lane. In such a case, the driver had a duty of care to safely drive the vehicle to prevent any traffic accident by driving the vehicle, such as making the front and rear left well, etc.

Nevertheless, the defendant neglected this and did not look at whether another vehicle is going behind the defendant's direction in the course of making a U-turn in the U.S. Prohibited Zone, and the victim C (S.) who was driven by the victim C (S.S.) who was driven by one lane behind the defendant's direction in the direction of the proceeding, changed the front part of the D E-P car driven by the defendant into the front front wheels of the U.S. car operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as a cage cage cage cage, which requires approximately six weeks of medical treatment due to the above occupational negligence.

2. 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to a written agreement bound in the trial records, it can be acknowledged that the victim C expressed his/her intent not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6)

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