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(영문) 서울중앙지방법원 2017.07.04 2017고단2295
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a passenger car of Dbenz ML350.

At around 20:20 on October 11, 2015, the Defendant: (a) driven the above vehicle, and was driving in the direction as soon as it was from the room of the apartment in front of the new bank 28:8-gil to the center of Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, the Defendant: (b) had a duty of care to look at the front side and the left side of the vehicle and to prevent accidents by accurately operating the steering direction and the steering system; (c) however, the Defendant was negligent in neglecting the Defendant’s duty of care to prevent accidents; and (d) caused the victims E (57 years old) crossing the runway course in the direction to the right side from the left side of the front side of the vehicle of the Defendant in the Mapo-gu, Seocho-gu, Seoul; and (d) went beyond the front part of the Defendant’s car.

The Defendant caused the victim to suffer injury to the number of days of treatment due to such occupational negligence.

2. In the case of being admitted to insurance, etc. under the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 4 (1) of the same Act, a public prosecution shall not be instituted against the driver of a vehicle who commits the crime of occupational injury and bodily injury, etc. provided for in the main sentence of Article 3 (2) of the same Act in the event of being admitted to insurance, etc. under the Act on Special Cases concerning the Settlement of Traffic Accidents, however, a public prosecution may be instituted exceptionally in the case where the victim suffers a danger to his/her life, becomes a fire, an incurable or a incurable disease due to bodily injury;

The Act stipulates.

At the time of the instant accident, the said motor vehicle was insured under the Insurance Business Act, which had been covered by the said provision, thereby causing danger to the victim’s life or causing a imprudent or incurable disease.

According to the evidence submitted by the prosecutor, the victim is subject to the following: (a) he/she was under the fluoral frithic marization on October 13, 2015 due to the incomplete male damage, etc. caused by the instant accident; and (b) the removal of the vertebrate on August 26, 2016.

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