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(영문) 광주지방법원 순천지원 2017.06.23 2016고단2831
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving service of Daba.

On October 30, 2016, around 09:00, the Defendant proceeded with the cho Lake, which is located in the Simsan-si, Simsan-si, Simsan-si, at a low speed from the village of Taeduk-gu, to the Simsan-si, at a low speed.

There is no distinction between India and the roadway, and in the front direction of the defendant's proceeding, the victim D was in front of the defendant's proceeding, so the defendant engaged in Ototoba had a duty of care to safely operate the steering gear and the operation of the steering gear by reducing the speed of the victim and accurately controlling the steering gear while emphasizing the victim's attitude.

Nevertheless, the defendant neglected the above duty of care and neglected the victim's right knee part with the front wheels part of the defendant's driving.

Defendant 1 caused the victim to suffer injury, such as a pelpelf, to the right-hand pelf, which requires approximately 12 weeks of treatment due to such occupational negligence.

2. The instant facts charged 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 under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

According to the records, on May 29, 2017, the victim, after filing a prosecution, expressed his/her intention that he/she does not want to be punished against the defendant.

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

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