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(영문) 대전지방법원 2018.08.09 2018고단892
교통사고처리특례법위반(치상)
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 CB-Ma cab.

On November 15, 2017, the Defendant driven the above vehicle at around 05:00, and proceeded to turn to the left on the right side of the dry field, one of which is the front of the Daejeon Jung-gu Seoul Special Metropolitan City D's opening of the opening of the closing cell.

At the time, since the victim E (61) was on board the vehicle, there was a duty of care to safely drive the steering gear and brake system to prevent the accident from falling off on the part of the victim, and to prevent the accident from falling off on the part of the driver.

Nevertheless, the defendant neglected this and caused the injured person on board the above vehicle to fall down on the road by negligence.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as the blood transfusion from the external wound, or the flab not on the left-hand side, where the victim had an open two wound in the treatment days.

2. Determination and conclusion of 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In that sense, according to the criminal agreement and the contract for assignment of claim on July 31, 2018, the victim may have expressed his/her intent not to be punished against the defendant on August 1, 2018, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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