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(영문) 의정부지방법원 2013.04.09 2012고단3321
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the driver of Cwing and scrap truck.

At around 17:00 on July 9, 2012, the Defendant left the front road in front of the Do-Eup office of the Do-Eup located in 572 Sinyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do with the front of the Do-Eup office of the Do-do-Eup.

From the first lane to the second lane, the two lanes have been changed.

Since the accident site has a place where the passage of ordinary vehicles is frequent, drivers who want to change course had a duty of care to drive safely so as not to interfere with other traffic by checking well before and after the course and the left and right.

Nevertheless, the Defendant neglected this and caused the collision with the part on the left side of the back CA110-wheeled vehicle of the victim, which was directly located at the later part of the two-lanes of the same room, due to the negligence of changing the course from the first lane to the second two-lanes.

As a result, the victim suffered injury, such as the right slot system, which requires treatment for about 8 weeks.

2. The judgment is a crime 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 the agreement bound in the records, on April 8, 2013, which was the date the prosecution of this case was instituted, the fact that a document stating the victim’s expression of intent not to punish the defendant was submitted to the court can be acknowledged

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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