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(영문) 대구지방법원 2018.08.16 2018고정575
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the person who is engaged in driving a Bunst Motor Vehicle.

On October 25, 2017, the Defendant driven the above car at around 21:48, and driven the three-lane road in front of Daegu Suwon-gu C in the direction of the three-lane road inside the direction of the road. The Defendant driven the three-lane road at the direction of the four-distance flood.

At night at the time, the victim D(35) is driving at the front time and at the front time, and in such a case, the driver had a duty of care to look at the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the prevent the accident from occurring in advance

Nevertheless, the Defendant neglected this and led to the failure of the Security Department to proceed with articles that fall away from the vehicle, and the part of the back part of the victim's vehicle is the front part of the Defendant's vehicle, and due to the shock, the front part of the victim's vehicle was proceeding in the same direction.

By getting the back part of G-si driven by F to receive approximately two weeks of the back part of G-si, the victim suffered injury such as brain-dead in the absence of any one room for treatment for about two weeks, and at the same time, damaged the victim's vehicle so that it can not be repaired.

Judgment

The facts charged in this case are crimes that fall under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and cannot be punished against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of

After the prosecution of this case, the defendant agreed with the victim D only and expressed his intention not to be punished by submitting a written agreement on July 16, 2018. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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