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(영문) 부산지방법원 2013.09.09 2013고단2041
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is C that the Defendant is a person engaging in driving a car.

On January 31, 2013, at around 08:48, the Defendant is driving at a speed of about 73.8 km from the department store to the gravel intersection, which is about 73.8 km in speed.

The driver of any motor vehicle has a duty of care to live well on the front side and the left side and drive the steering wheel and brakes accurately.

Nevertheless, by negligence, the defendant neglected this, did not discover the victim D who was crossing the left-hand side of the vehicle of the defendant, and did so with the part preceding the right-hand part of the defendant's vehicle, and caused the victim to suffer injury, such as sub-cerebral brain and cerebral damage, which require long-term hospitalization.

2. The facts charged in this case 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 punished against the victim's express intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on September 9, 2013, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327

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