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(영문) 서울북부지방법원 2018.02.22 2018고단53
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving freight B.

On September 11, 2017, the Defendant driven the above vehicle around 05:40 on September 11, 2017, and led to the three-lane road in front of Seongbuk-gu Seoul Metropolitan Government, along the direction of the large advertising intersection, along three-lanes in the direction of Seongbuk-gu, Seongbuk-gu.

In such a case, despite the duty of care to prevent accidents in advance by checking well the front side of a motor vehicle driver, the defendant neglected his/her duty of care on the front side and led the victim D (78 years old) by his/her negligence in the front side of the motor vehicle operated by the defendant while neglecting his/her duty of care on the front side of the motor vehicle.

Defendant 1 suffered injury to the victim, such as “afford fford fford fford fford fford fford fford f for about eight weeks of treatment by 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 January 29, 2018, 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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