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(영문) 대구지방법원서부지원 2020.10.20 2020고정172
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives a Brane car.

On January 9, 2020, the Defendant driven the above vehicle on January 11:10, 202, and led the intersection of the private distance C in front of the Daegu-gu Seoul to the front of the D apartment.

Since there is a private road crossing where traffic control is not performed, in such a case, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed and temporarily stopping the front side and the right and the right and the right, and to safely drive the vehicle.

Nevertheless, the Defendant neglected this and received the part of the driving vehicle of the victim E(the 43 years old) driving, which was left left on the left side from the right side of the marina course due to the negligence of the Defendant, from the right side of the vehicle of the Defendant.

As a result, the Defendant suffered injury, such as salt, right-hand and knee-free salt, tension, left-hand side, etc., from the victim’s occupational negligence, which requires approximately three weeks of medical treatment.

2. The instant 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Since a written agreement was submitted to the effect that the victim does not want punishment after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act

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