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(영문) 광주지방법원 목포지원 2015.07.17 2015고단615
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a car in CSP area.

On October 31, 2014, around 18:36, the Defendant continued to run a four-lane road in front of the E-cafeteria D, in the direction of the city, approximately 50km each other at a speed, depending on three-lanes of the private distance of the head of the Gu, from the surface of the Gu, the private distance of the head of the Gu.

At the time, it was difficult for a person engaged in driving of a motor vehicle to take care of the accident in advance by safely driving the motor vehicle with a duty of care to reduce the speed and to check the right and the right of the motor vehicle's driver, and to check the presence of a pedestrian or any other obstacle, and to safely drive the motor vehicle in advance.

Nevertheless, the defendant neglected this and did not discover the victim F(54) who illegally cross the road on the right side from the left side of the progress direction due to negligence, and did not find the victim F(54).

As a result, the Defendant suffered serious injury, such as brain spathy and so on, which could not be known to the victim 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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the records, the victim can be acknowledged the fact that he/she expressed his/her intention not to be punished against the Defendant on June 23, 2015, which is after the instant prosecution was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the

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