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(영문) 수원지방법원 여주지원 2018.03.23 2017고단1478
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving cars and freight cars B in the facts charged.

On March 14, 2017, around 08:00, the Defendant was making a stop after driving the above cargo on the road in front of the Leecheon-si.

At the time of loading of the cargo, the victim D(52) was engaged in moving of this tree. In such a case, there was a duty of care to check whether a person engaged in driving of the motor vehicle is aboard the cargo vehicle and drive the motor vehicle safely.

Nevertheless, without properly verifying the loading of cargo, the Defendant did not immediately start and caused the damage to the cargo vehicle due to negligence, which started, and fell on the road and faced with the head of the vehicle.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, focusing on the fact that there is no room in two common areas where approximately 20 weeks medical treatment is required.

Judgment

The above facts charged constitute Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act. Since the defendant's agreement with the victim does not want punishment of the injured party, the prosecution of this case is dismissed in accordance with Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 327(6) of the Criminal Procedure Act

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