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(영문) 서울북부지방법원 2017.10.26 2017고단3992
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the duties of driving Cone Starex vehicles.

On March 19, 2017, the Defendant driven the above vehicle around 14:00, and became the left-hand turn to enter the road at the front parking lot of the E Hospital Emergency Office in Dobong-gu Seoul Metropolitan Government.

At that time, since the victim F (F) was in front of the front door, the driver of the motor vehicle had a duty of care to prevent accidents in advance by properly operating the steering gear and the brake system by properly examining whether there is a pedestrian by looking at the front door of the motor vehicle, after checking whether there is a pedestrian.

Nevertheless, the Defendant neglected to do so and received the victim from the front part of the above passenger vehicle due to the occupational negligence, and caused the victim to suffer bodily injury, such as the decline in recognition function due to an acute brain lapsing and the decline in eyesight on the left part, which makes it impossible to identify the accurate number of days of treatment.

2. Determination

(a) Crimes of non-violation of an intention: Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Withdrawal of wish to punish a person after filing an indictment: A self-agreement on October 23, 2017;

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;

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