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(영문) 대구지방법원 경주지원 2014.03.11 2013고단695
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person driving C 100cc Oba, and on March 21, 2013, the Defendant driven the above Oba on March 21, 2013, while driving the 10:25 Oba, the Defendant driven the hoba, which is a one-lane km of the 50m km-gu Cheongdong-gu, Ambag-ro, Sim-si.

In such a case, there was a duty of care to thoroughly examine the aspect of driving and safely proceed to prevent various traffic accidents by those engaged in driving vehicles.

Nevertheless, the defendant neglected this and neglected to stop on the right side of the road, and the victim D (the 66-year old) who was stopped on the right side of the direction of the proceeding led to the left side side of the defendant's Obaba, which was the front side of the right side of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a 1/3 of the upper half of the left-hand body requiring treatment for about six weeks.

2. The facts charged of 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 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. According to a written agreement bound in the investigation records of this case, it can be acknowledged that the victim expressed his/her intent not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327

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