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(영문) 대전지방법원 2014.05.29 2014고정290
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a horse.

At around 09:50 on November 12, 2013, the Defendant driven the above chiller and proceeded to turn to the left in the direction of Daejeon from the middle school before and after the entrance of the middle school in the Eup/Myeon before Sejong.

There are no signal apparatus installed and the passage of the vehicle is frequent, so in such a case, the driver of the vehicle has a duty of care to safely conduct the operation of the vehicle in a manner that the driver of the vehicle has a duty of care to safely check the front left and right while driving.

Nevertheless, the defendant neglected this and caused the collision with the front right side of the non-registered 100 c 100 c son's left side, which the victim B (the age of 74) driven by the victim B (the age of 74) who was left left by his negligence after entering the intersection.

As a result, the Defendant suffered injury to the victim, such as trauma and scarcity, which had no open address within the scarlet that requires treatment for about six weeks, due to the above occupational negligence, and damaged the damaged vehicle in an amount equivalent to KRW 380,000.

Judgment

However, this case is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, 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 According to the records, it can be acknowledged that the victim has withdrawn his/her wish to punish the defendant on May 12, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with

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