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(영문) 서울남부지방법원 2016.11.17 2016고단4452
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a bicycle rider.

At around 16:40 on March 26, 2016, the Defendant driven the bicycle bicycle, which is under the direction of the fire-fighting zone in Gangseo-gu Seoul Metropolitan Government, and driven the bicycle-only way from the direction of the fire-fighting bridge in the direction of the fire-fighting bridge.

Since a place is a bicycle-only road, there was a duty of care for those engaged in bicycle driving service to observe the car line, to pay attention to the movement of other bicycle drivers and to safely drive the bicycle.

Nevertheless, the defendant neglected this and caused the bicycle front part of the bicycle driven by the victim B (the aged 30) who passed the opposite part due to the negligence of harming the opposite part while making a right-hand line.

As a result, the defendant suffered from the injury to the victim in the upper part of the fifth balance of the water table which requires approximately six weeks of medical treatment.

2. Determination of the above facts charged 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, and 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 records, it is recognized that the victim’s written agreement and written application for non-prosecution of punishment was submitted on July 18, 2016 and August 5, 2016, which did not constitute the Defendant’s punishment after the date of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327(6)

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