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(영문) 인천지방법원 2020.08.12 2020고단5097
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On August 20, 2019, the Defendant driven the above cargo vehicle on August 15:45, 2019, and continued two lanes 212 km from the west-si, Chungcheongnam-si, Chungcheongnam-do, the west Coastal Expressway, along the Seoul direction, at about 100 km in speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering and steering gear and thoroughly drive the motor vehicle at all times to prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and stopped the back part of the C Poter Cargo which was stopped for construction on the side due to the negligence of driving, and caused the victim D (ma, 48 years old), E (ma, 44 years old), and the victim E (ma, 44 years old) who was engaged in construction on the side while the above Poter freight was pushed down.

Ultimately, the Defendant suffered a serious injury to the victim D due to occupational negligence as above, such as the degradation of recognition function caused by external blood transfusions for about 8 weeks, and a serious injury, such as the 14 weeks dubing of dubs, which requires treatment to the victim E, respectively.

Public prosecution dismissal is an offense 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 under the main sentence of Article 3(2) of the same Act. Since victims expressed their wish not to punish the defendant on August 4, 2020 after the institution of the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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