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(영문) 광주지방법원 2016.03.10 2015고단4007
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 05:15 on August 30, 2015, the Defendant driving B in the two lanes between the two-lane distance intersection in the Nam-gu, Nam-gu, Gwangju as a job at the two-lanes of the two-lane distance, and proceeded into the intersection of the two-lane supersection in the same Si/Gun/Gu, Nam-gu, Nam-gu, Seoul.

A person engaged in driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded along as it was, and the part of the bridge of the victim C (38 tax) crossing the road on the front side was handed down as the front part of the Defendant driving vehicle.

As a result, the Defendant suffered from the victim’s occupational negligence, such as light flag on the left-hand side and flaverization of non-flag executives, which require approximately 11 weeks medical treatment.

2. The facts charged in the instant 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, 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 expressed his wish not to punish the defendant on February 23, 2016, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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