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(영문) 광주지방법원 목포지원 2016.04.07 2015고단1545
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On July 29, 2015, the Defendant, at around 04:40 on the charge, driven by Cone Star Co., Ltd as his/her duties and proceeded at a speed of about 60km per hour in the direction of the square in the direction of the square, two lanes in front of the wooden post office parking lots located in the Sinpo City in the Sinpo City.

At the time, it is night and a way to stop off, so in this case, there was a duty of care to reduce the speed to those engaged in driving of the motor vehicle and properly look at the right and the right of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant failed to discover the victim D(49) who crosses the right side from the left side of the direction of the proceeding due to the negligence of neglecting the care on the front side and without reducing the speed, and did not discover the victim D(49) who crosses the right side from the left side of the direction of the proceeding, and received the victim from the front part of the right side of the above knife and caused

Defendant 1 caused injury to the victim among the above occupational negligence, i.e., pulverization of flaversing to the right-hand part of the cost required for approximately nine weeks of treatment, and net impairment.

2. The instant case is an offense 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 is not prosecuted against the intent expressed by the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

According to the records, the victim clearly expresses his/her intention not to punish the defendant by agreement with the defendant on December 7, 2015, which was after the prosecution of this case was instituted.

3. According to the conclusion, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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