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(영문) 대구지방법원 포항지원 2016.07.21 2016고단404
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On November 6, 2015, the Defendant: (a) driven a 82-lane road in the north-gu Seoul metropolitan city, the 82-lane of the 82-lane, adjacent to the Central church on November 6, 2015; and (b) driven a B SP car, driving the 1-lane road in front of the Central church, leading interested to the direction of the Msan SP distance from the center of the Central church in the interesting year.

At the time, there was a duty of care to safely drive an automobile by reducing speed and properly operating the steering and steering system on the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care.

However, the Defendant neglected to do so and did not discover the victim C (56) who was moving on the right side from the left side of the Defendant’s running direction to the right side, and had the victim face head in front of the Defendant’s vehicle with the victim’s right side.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the 12-day medical treatment.

2. The instant case is a crime 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 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 records, the victim submitted a written agreement to the effect that he/she agreed with the defendant on June 20, 2016. According to this, it is reasonable to view that the victim expressed his/her intention not to punish the defendant after the prosecution of this case.

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

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