(영문) 서울북부지방법원 2014.12.23 2014고단3996

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(영문) 서울북부지방법원 2014.12.23 2014고단3996

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

Punishment of the crime

1. The summary of the facts charged is a person who is engaged in driving a vehicle B with the highest bid.

On September 23, 2014, the Defendant driven the above car at around 08:06, and led the Defendant to turn to the left at the direction of the service establishment of the above Rotten Triririri Motor Vehicle in the direction of the above Rottenri Motor Vehicle in the direction of the intersection in front of the service establishment of the Rottenri Motor Vehicle in Dobong-gu Seoul Metropolitan Government, 180 Dobong-ro 17.

Since the place is where no signal, etc. is installed, a person engaged in driving of a motor vehicle is obliged to take care of the front door and the left and right by reducing the speed of the person engaged in driving of the motor vehicle and drive the motor vehicle to prevent the accident from occurring.

Nevertheless, the defendant neglected this and did not discover that the victim C(57 years of age) cross the vehicle from the right side of the defendant's driving direction to the left side by negligence that did not live well in the front side, and did not get the victim C(57 years of age to the left side of the victim's driving side to go beyond the ground.

Ultimately, the Defendant suffered from the victim’s injury, such as pressure duplicating 2 weeks in need of approximately 12 weeks of treatment due to such occupational negligence.

2. The facts charged as to dismissal of prosecution 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, the defendant submitted the victim’s written agreement to this court on December 22, 2014, which is the date of the prosecution of this case, and accordingly, it is apparent that the victim’s wish to punish the defendant was withdrawn. Thus, the prosecution of this case is dismissed pursuant to Article 327

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