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(영문) 서울중앙지방법원 2017.05.31 2016고정4255
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a rocketing car.

On October 16, 2016, around 08:23, the Defendant was running at a speed of about 10K km in the city, depending on the three-lanes in the direction of East-gu, the front road of Jongno-gu Seoul at an elementary school annexed to the Seoul University of Education in the direction of East-gu.

When a driver intends to change course, he/she is likely to impede normal traffic of all vehicles running in the direction of the change, he/she shall not change course, and he/she has a duty of care to safely change his/her lane and prevent accidents by operating the direction light in advance.

Nevertheless, the defendant neglected this and caused the failure to change the course from a three-lane to a one-lane between vehicles, and caused the victim D(45) driving along the same one-lane of the same room, which was driven by the same room, to interfere with the course of the victim D(45 cc motor bicycle, and led the victim to the left-hand side of the collision and to turn it into the left-hand side on the road.

As a result, the defendant neglected to pay attention necessary for the performance of his duties and damaged the bicycle to the extent that the repair cost of KRW 670,000 is worth 670,00.

2. Determination

(a) Applicable provisions: Article 151 of the Road Traffic Act;

(b) Crimes of non-violation of an intention: Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On May 10, 2017, after the institution of public prosecution, a written agreement is submitted to the effect that the wish to punish him/her around May 10, 2017 is withdrawn.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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