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(영문) 대구지방법원 김천지원 2016.10.20 2016고단696
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving Branchise automobiles.

On January 9, 2016, at around 00:40, the Defendant operated the said car in front of the D cafeteria located in the Gu-U.S. Si, and proceeded with one lane between the two lanes in salary, the distance from the C gate of the Yong-Namnam apartment, and changed the two lanes into the two lanes.

At that time, the FHJ125 Oba, driven by the victim E (the age of 35), was in progress in the same direction. As such, there was a duty of care to check the safety of the course and to change the course to the right side in the way in advance before changing the lane to the driver of the vehicle.

Nevertheless, the Defendant neglected this and proceeded on the left-hand side of the Orabab by negligence, and received the above part as the front-hand part of the said car.

Ultimately, the Defendant suffered from serious injury, such as cutting off the body frame- high-level 4 minutes of the 10-hour surgery, which requires approximately 10 weeks of medical treatment to the victim E due to such occupational negligence.

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 shall not be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the same Act

According to the records, it is recognized that the victim explicitly expresses his intention that he does not want to punish the defendant after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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