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(영문) 대구지방법원 포항지원 2016.03.31 2015고단1253
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On July 18, 2015, the Defendant: (a) driven the C urban bus around 13:40 on July 18, 2015; and (b) driven by the C urban bus; and (c) driven the road in front of the E-sports hall located in D at port via the port from the side of the notice of the E-V bus.

On the right side of the bus at the time, since the victim F (10 years old) is a bicycle driving in the same direction as the bus, the driver had a duty of care to safely drive the bus and prevent the accident in advance by maintaining a sufficient safety distance to those engaged in driving service, and accurately manipulating the steering wheel and brakes, etc.

However, the Defendant neglected this and did not keep the safety distance sufficient and did not walk the front side of the road properly, caused the damaged person to go beyond the road by taking part of the left body part of the bicycle running toward the center line from the right side of the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the period of at least three months, such as the upper right side of the main body in which treatment is required, and damage to growth plates.

2. The instant case 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, and is not prosecuted against the intent expressed by the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

According to the records, the victim clearly expresses his/her intention not to punish the defendant by agreement with the defendant on February 22, 2016, which was after the prosecution of this case was instituted.

3. The instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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