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(영문) 춘천지방법원강릉지원 2020.09.10 2020고정112
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of BPoter Ⅱs.

On December 16, 2019, the Defendant driven the above cargo vehicle on December 12:40, 2019, while driving the two lanes from the two lanes in the front of the D in Gangnam-si C, and driving the two lanes from the south side to the Seongdong-dong community service center.

In the event of changing the vehicle line, there was a duty of care to change the vehicle line as a person engaged in driving service is obliged to take into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and neglected the duty of the latter week while driving in a two-lane, and neglected to change the vehicle line into a one-lane as it is, and did not discover a Gco or a car of the victim F (n, 43 years old) who was driving in a one-lane from the afterward bank, and did not find the said passenger car or car in a two-lane, and shocked the front part of the said cargo vehicle with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. The determination of this case is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act and shall not be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the Act

According to the agreement on the preparation of a victim submitted to this court on September 3, 2020, which was after the institution of the instant prosecution, it is recognized that the victim expressed his/her intent not to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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