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(영문) 전주지방법원 정읍지원 2016.10.13 2016고단376
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around 18:55 on March 21, 2016, the Defendant: (a) driven the above cargo vehicle at a speed of two lanes on the two-lanes in the direction of the hospital in the direction of the e-mail located in the e-mail located in the front-gun of North Korea; (b) was driving a bicycle driven by the injured FF (the age of 64) in the front of the cargo vehicle; (c) on the part of the Defendant’s vehicle, the Defendant was negligent in performing the duty of care for driving the bicycle in a safe manner by thoroughly operating steering and operating steering gear and brakes in a proper manner; and (d) on the part of the Defendant’s cargo vehicle, it was impossible for the Defendant to take the part of the bicycle left side of the Defendant’s bicycle in the front-hand part of the front-hand side of the vehicle and to incur harm to the victim’s daily life or injury to the victim, such as the victim’s self-confiscing movement and rashing of the victim’s self-conc.

2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act. Since it is recognized that the victim submitted a written agreement on October 12, 2016, which was after the date of prosecution of this case, that the defendant shall not be punished, the prosecution of this case shall be dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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