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(영문) 창원지방법원 2017.11.08 2017고단2705
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who is engaged in driving D Treatment 25 tons of car trucks, was driving on the left-hand side in order to load goods after stopping at a factory located in the Gu, Chang-si, Chang-si, Seoul Special Metropolitan City on February 23, 2017.

Since the passage of many vehicles and people is frequent at the time, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the route.

However, the Defendant neglected to do so and immediately proceeded with the victim G (69) who was in front of the left-hand side of the instant truck. The Defendant shocked the victim G (69) into the front-hand part of the instant truck’s left-hand part of the driver’s right-hand side. The lower part of the victim’s upper half of the floor was the front-hand part of the said truck.

Accordingly, the Defendant suffered injury, such as cutting the boness of the bones and cutting to the right side, which require approximately 12 weeks of treatment from the victim due to the above occupational negligence.

2. Determination and conclusion 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, and cannot be prosecuted against the victim’s express intent pursuant to the main text of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, it is recognized that the victim expressed his wish not to punish the defendant after the institution of the instant indictment. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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