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(영문) 광주지방법원 순천지원 2017.11.10 2017고정287
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives BCR1105W Hatoba.

On March 29, 2017, the Defendant driven the above vehicle as around 19:00, and driven the front road in front of the Dong Park in the direction of the sub-dong in the speed of about 50 speed at a speed of about the two-lanes in the direction of the head of Ansan-dong and the direction of the road in front of the Dong Park at the speed of about 50 speed.

The accident site was a road that is located in a park and a shore mountain, which is anticipated to unauthorized crossing of pedestrians.

Nevertheless, the Defendant neglected this and proceeded with the front part of the victim C ( South, 66 years old)'s right side side of the unauthorized crossinged victim C ( South, South, and North) by negligence.

As a result, the Defendant suffered injury to the victim, such as cutting off and closing down the 5-day street 1st century for the number of days of treatment due to the above occupational negligence.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On October 12, 2017, after the institution of the instant indictment, a written agreement stating the victim’s intention not to punish the victim was submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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