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(영문) 대전지방법원 홍성지원 2014.10.07 2014고단482
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is the person who is engaged in ordinary driving service of the Korea Development Bank.

On June 21, 2014, the Defendant driven a light flag at around 17:13, and proceeded at about 5 km in the speed of Sin-si, Boli-si, Don-ro, Don-ro, one lane in front of the hen-si.

Since there is an intersection between a local road and a farm road, there was a duty of care to yield the course when there is a vehicle entering the intersection from a wider road when the width of the intersection is wider than that of the intersection.

Nevertheless, the Defendant neglected this and destroyed the above Oral c (49 years old) driving of the victim C (the 49-year-old driver) who was proceeding along the local road on the surface of the river room, without yielding the course even after entering the intersection, and the above Oral c (the front part of the above Oral chill) went into the intersection, and caused the victim's injury, such as d.40,000 won of the cost of repair, by collisioning the right side of the above Oral chill, and causing about 10,000 won of the cost of repair.

Judgment

The facts charged of this case are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim's express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the trial records, it can be acknowledged that the victim explicitly expresses his/her intent not to punish the defendant on August 14, 2014, which is the date of the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure

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