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(영문) 서울동부지방법원 2017.11.14 2017고정1456
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

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

On March 25, 2017, the Defendant driven the above car on March 25, 2017, and continued to proceed to the entrance zone on the side of the oil shopping center located in the front of Gwangjin-gu Seoul Special Metropolitan City.

Since there is a place where a vehicle and a pedestrian pass along a side road, there was a duty of care to check whether a person engaged in driving a motor vehicle passes by reducing the speed and checking well the right and the right of the road, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant's negligence while neglecting this, led to a conflict between the right-hand side of the victim D(31) which the defendant drives.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the Plaintiff’s failure to give approximately two weeks of medical treatment, and the damage to the flag’s adjacent land and power lines.

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;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On October 24, 2017, after the instant indictment was instituted, a written application stating the victim’s intention not to punish him/her was submitted.

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

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