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(영문) 대전지방법원 서산지원 2018.04.05 2018고단50
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 car truck and freight truck.

On November 28, 2017, the Defendant driven the above cargo vehicle at around 15:40 on November 28, 2017, and proceeded to turn to the left at the right-hand turn on the three-lane road at the Jin-si of Jin-si from the Jin-si of Jin-si to the boundary of the stone residential complex.

There are three-distance crossings where the left-hand turn signal is installed, and in such a case, the driver of the vehicle has been in a state where the right-hand signal was occupied, so the driver of the vehicle has a duty of care to not interfere with the passage of other vehicles directly engaged in under the straight line by accurately manipulating the front and left-hand and the left-hand signal.

Nevertheless, the Defendant neglected this and received the front part of the FMW U.S. U.S., which the victim E (36 tax) is driving in the opposite lane in accordance with the new subparagraph, as the part on the right-hand side of the above cargo of the Defendant.

As a result, the Defendant suffered damage to the victim’s external wounds, which requires approximately 32 weeks of medical treatment, due to the above occupational negligence.

2. The facts charged in the instant case are acts falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and such acts cannot be prosecuted against the intent expressed by the victim under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, on March 13, 2018, after the prosecution of this case, a written agreement and a written statement of non-taxation stating that the injured person does not want punishment against the defendant was submitted, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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