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(영문) 대구지방법원 2014.04.01 2014고단152
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving a golf club dedicated to the instant case.

around 09:00 on August 22, 2013, the Defendant driven a c golf course, which is located in Gyeongcheon-si B, Chungcheongnam-si, Gyeongcheon-si, and proceeded from 5 holes to 6 holes.

In such a case, the victim D (55 years old) who was negligent in driving while neglecting the duty of care to safely drive the person who is engaged in driving service so that it does not fall from the car, even though he/she has the duty of care to safely drive the car, was reduced.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks, due to such occupational negligence.

2. The judgment below 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, 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. The records show that the victim submitted a written agreement on November 29, 2013, which was after the institution of the prosecution of this case, expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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