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(영문) 서울중앙지방법원 2020.09.10 2020고단1800
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving service of B-B cargo vehicles.

On January 21, 2020, at around 08:15, the Defendant came to go straight from D bank to school roads in Gangnam-gu Seoul Metropolitan Government.

At this point, it is a one-lane road, and when a person engaged in driving a motor vehicle passes through a pedestrian's surrounding area in a narrow side road, he/she has a duty of care to live well in the front side and the left side, and to prevent accidents by driving along a safe distance.

Nevertheless, the defendant neglected this and walked the left side of the victim E (n.e., 40 years old) who was walking on the side side by negligence, and turned over the left side of the victim E (n.e., 40 years old) to the right side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., a part of the left-hand side 1 sufficient enough for six weeks of medical treatment.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

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

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a criminal agreement is submitted on August 24, 2020, stating that the victim expressed his/her intention not to be punished against the defendant on August 24, 2020, after the prosecution of the

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