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(영문) 대구지방법원 영덕지원 2017.03.15 2017고단6
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving of CPoter-II trucks.

On November 17, 2016, the Defendant driven the above cargo vehicle at around 07:50 on the 07:0,016, and led the road front of the 156,000 territorial sea, the 3180,000,000 square meters in the territorial sea, to the elementary sea from the west of the territorial sea.

Since there is a zone of the revolving intersection, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving service and safely driving along the route of the revolving intersection.

Nevertheless, the Defendant neglected to do so and did not turn to an elementary school of the territorial sea without going through the intersection, and received the front part of the Defendant’s bicycle riding on the part of the victim D(W, 51 years old) driving on the back side of the drive vehicle from the back side of the territorial sea to the home bet.

As a result, the Defendant suffered injury to the victim on the part of the above occupational negligence No. 12, 8 weeks of pressure pressure, which requires approximately eight weeks of treatment.

2. The facts charged in the instant case 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, and 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, it can be recognized that the victim withdraws his/her wish to punish the defendant on February 24, 2017, which was after the prosecution was instituted, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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