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(영문) 의정부지방법원 고양지원 2016.09.23 2016고단2135
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On October 17:45, 2016, the Defendant: (a) driven a motor vehicle of B-wing and C freight around 17:45 on the charge of driving the motor vehicle on duty; and (b) proceeds ahead of C in the Goyang-dong-gu, Ilyang-si in the direction of the bridge at the end of the island in the direction of the head of the port.

In such cases, drivers have the duty of care to prevent accidents in advance by safely driving the steering gear, steering gear, and brake system, etc. with a duty of care.

Nevertheless, when the defendant neglected to stop a vehicle and has changed the course to the right side of the vehicle stopped, the victim D (48 tax) who stops on the right side of the vehicle driving, which is parked on the right side of the road, was shocked by the part of the vehicle driving ahead of the defendant's cargo vehicle.

Defendant 2 caused the victim to suffer injury, such as fluoral salt, which requires approximately two weeks of treatment due to such occupational negligence.

2. The board of directors is a crime 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 same Act. According to the records, it is recognized that the victim’s vehicle traffic accident agreement was received in the victim’s name to the effect that “the victim does not want punishment by mutual consent with the defendant only.” Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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