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(영문) 인천지방법원 부천지원 2017.05.25 2017고단456
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving the B-learning passenger car.

On January 24, 2017, as Kimpo-si, Kimpo-si, 10:00, the Defendant inspected the five-lanes of the national highways of the 48-lanes of the Japan National Road of the 48-lanes from the surface of the shooting distance of the bridge to the front intersection of the mountain.

Since there was a entrance to enter the underground roadway at the front door, in order to thoroughly perform the duty of front side and left side and left side side, and when changing the lane, the driver had a duty of care to safely change the lane and prevent accidents by operating the direction, etc. in advance, giving notice of change in the direction, and keeping the surroundings well, and by safely changing the lane.

Nevertheless, the Defendant neglected this and caused the damage to the right lane to be changed to the right lane, and thereby, led the victim C (23 tax) driving along the same direction four lanes, the front part of the DMW car driven by the Defendant to the right-hand side of the Defendant, and the safety facilities managed by the victim E are the front part of the DMW car.

Accordingly, the Defendant caused the above BMW car by occupational negligence to be equivalent to KRW 6,33,173,173, such as the pre-sale of the car, thereby damaging the above safety facility to be in excess of KRW 5,130,000, and suffered injury to the victim C, such as a hot spring, which requires approximately two weeks of treatment.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

(b) Crimes of non-competence: the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Submission of an agreement stating the victims' non-conpetence of punishment on April 27, 2017, which was after the institution of this case).

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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