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(영문) 서울동부지방법원 2016.06.08 2016고정632
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a passenger car of Benz.

On December 17, 2015, the Defendant operated the above car at around 18:40 on December 17, 2015, and changed the course to the two-lane between three lanes in the direction of the south and the south.

In such cases, there was a duty of care to prevent accidents in advance by changing the vehicle line safely, such as operating the direction direction of the side on which the driver of the vehicle intends to change course, giving notice of change of course, and taking into account the traffic situation before and after the driving.

Nevertheless, the defendant neglected this and changed the course from the three-lanes to the two-lanes while leaving the two-lanes of the victim D(22) in front of the victim D(22)'s ENA driver's car, thereby allowing the victim to receive the part behind the left side of the driver's car.

As a result, the Defendant caused injury to the victim by the above occupational negligence, such as the left parts and salt sckes, which requires the victim's treatment for about three weeks, and at the same time damaged the victim's driver's vehicle to require 805,308 won in estimate of repair, such as pan-exchange.

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 151 of the Road Traffic 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 the written agreement between the Defendant and the victim, it can be acknowledged that the victim expressed his/her intent not to punish the Defendant after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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