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(영문) 광주지방법원 2020.05.21 2020고단283
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the instant facts charged was around 21:00 on December 12, 2019, the Defendant driving CW110WH Orala on the front side of Gwangju Northern-gu, Gwangju, and is proceeding in the direction of “Ebudio” from the boundary of “Drogate party.

There are no houses where traffic control is not performed, and there is no distinction between the private distance intersection, the roadway and the delivery, and both buildings are not easy to secure the view on both roads, and in such a case, there is a frequent place of traffic for pedestrians, so there was a duty of care to ensure the safe operation of the vehicle by emphasizing the right of the front and the right of the vehicle driving.

Nevertheless, if the defendant did not see the front side properly, the defendant suffered an injury, such as the left scke of the upper scke of the 8th left scke in need of the victim F (the south, 72 years old) who walked along the intersection from the right-hand side of the defendant's running side to the left-hand side of the victim F (the south, 72 years old) who was walking along the intersection.

2. The facts charged in 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 express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, since the victim F does not want to punish the defendant through the written agreement dated February 11, 2020, which was after the prosecution of this case, the victim F expressed his/her intention not to punish the defendant, the above indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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