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(영문) 부산지방법원 2013.06.19 2013고단541
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving B dump truck trucks.

On August 2, 2012, the Defendant driven the above vehicle on August 11:35, 2012, and proceeded bypassing the road above the new chill apartment in front of the new chill apartment at Yangsan-si, Seosan-si.

In such cases, a driver of a motor vehicle neglected his/her duty of care to check the safety of the direction of the driving, while neglecting his/her duty of care to check the safety of the direction of the driving, and proceed as it is. In order to overtake a bicycle driven by the victim C(57 years old) who is driving in the same direction as the defendant, he/she overtakingd, and took the bicycle of the victim with the back wheels of the defendant's vehicle, and followed the part of the victim's right side side.

Therefore, the victim suffered damage to the right side and the sacrific pressure damage, the right side and the sacrific pressure damage, etc. which require medical treatment for about 16 weeks, and thereby, the victim suffered the injury that helps the pedestrian disability, etc. to become a duplicated.

2. The facts charged in this 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, which cannot be punished against the victim's express intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on June 12, 2013, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327

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