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(영문) 부산지방법원 2018.02.07 2017고단5934
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B rocketing car.

On August 19, 2017, around 09:55, the Defendant continued two lanes from the side of 1731 scambling in the city of Geum-gu, Busan, to the side of the 1731-lane.

In such cases, when a person engaged in driving of a motor vehicle passes by a bicycle going in the same direction, he/she has a duty of care to secure a necessary distance to avoid collision with such bicycle.

Nevertheless, the Defendant neglected this and got a bicycle driving by the victim C (46 tax, South) who was driving at the edge of the road in the direction of the marina course as it was, but instead neglected it, as it was.

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

2. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents for which a public prosecution is dismissed, Article 268 of the Criminal Act, the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 327 Subparag. 6 of the Criminal Procedure Act (victim’s expression of intention not to punish him/her on October 13, 2017);

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