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(영문) 대전지방법원 2017.06.09 2017고단1210
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving a vehicle B in low-priced car.

On October 15, 2016, the Defendant driven the above car at around 14:20 on October 15, 2016, while proceeding from the intersection to the Daejeon Tourist hotel among the two-lanes in front of Daejeon-gu, Daejeon, and had the car parked on the right side of the road.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by properly operating the steering right and the steering gear well and properly.

Nevertheless, the Defendant neglected this and went beyond the right side of the victim D(W, 69 years old) who was walking on the right side of the passenger car of the Defendant by negligence, and went beyond the right side of the victim D(W, 69 years old).

Ultimately, the Defendant committed an occupational negligence on the part of the victim for approximately six weeks of medical treatment, i.e., the body 3, 4 metregions of the body 3, 4 metregions.

2. Determination of this case cannot be made against the victim’s explicit intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Since the victim expressed his/her wish not to be punished after the institution of the instant indictment, it is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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