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(영문) 서울북부지방법원 2015.04.28 2014고단4354
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor bicycle C.

On October 23, 2014, the Defendant driven the above motorcycle around 05:30 on October 23, 2014, while driving three lanes in front of the school office located in Dobong-gu Seoul, Dobong-gu, 686 on the Dobong-gu, Seoul, with one-lane of the school distance from the boundary of the school basin.

The driver of any motor vehicle shall have the duty to prevent any accident from smoke and safely drive any motor vehicle by accurately operating the steering gear and brakes well.

Nevertheless, the defendant neglected this and found the victim D (the age of 66) who was crossing the road from the right side of the course to the left side of the course due to the negligence of the defendant's failure, and caused the victim to go beyond the road due to the front part of the above motorcycle.

Ultimately, the Defendant suffered injury to the victim, such as a pelle, which requires approximately 12 weeks of medical treatment due to occupational negligence as above.

2. The facts charged as to dismissal of prosecution 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, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, the defendant submitted a written agreement with the victim to this court on April 14, 2015, which was after the prosecution of this case. Accordingly, it is apparent that the victim expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6

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