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(영문) 대구지방법원 2016.11.29 2016고단4455
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is those who are engaged in driving service of urban buses No. 3-1 of the Dong-gu.

On July 10, 2016, the Defendant driven the above city bus on July 11:38, 2016, and proceeds from the road located in 719, Daegu Dong-gu, Daegu-gu, to the four-distance away from the respective four-distance radius, and came back again after stopping at the front bus stops in front of the D Hospital.

At the time, city bus stops to get passengers to get off, and in such cases, there was a duty of care to safely drive the entrance in order to ensure that the driver is not able to get passengers to get off, after confirming the passenger's getting off and off.

Nevertheless, the Defendant neglected this and caused the victim E (the 72 years of age) to go beyond the ground by leading the victim a pipe to the left door on the rear door without confirming that the victim E (the 72 years of age) was not completely unloaded from the city bus.

Ultimately, the Defendant suffered a serious injury by allowing the victim to receive knee cut cut alcohol due to the above occupational negligence.

2. The above facts charged are crimes 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 in accordance with the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the written agreement, it is recognized that the victim withdraws his/her wish to punish the defendant on October 28, 2016, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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