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(영문) 울산지방법원 2015.11.26 2015고단2721
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving B dump trucks.

On June 30, 2015, the Defendant driven a dump truck around 11:40, and continued to run approximately two kilometers in the speed of Si-speed, as the side of the exhibition room in the new construction site located in Busan Jin-gu C.

It is a construction site and the victim E(55 years of age) was in contact with others, so there was a duty of care to safely drive after checking the course, such as whether a person engaged in driving service is a person working well and whether he/she has a duty of care.

Nevertheless, the Defendant neglected this and proceeded with the part of the victim's right bridge with the left side of the construction machinery.

Ultimately, the Defendant caused a serious injury to the victim by negligence in the course of business as seen above, which was cut off to the knee part without right due to the injury to the right side.

2. Determination 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

However, since it is apparent in the record that the victim agreed with the defendant on November 25, 2015, which was after the prosecution of this case, and expressed his wish not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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