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(영문) 수원지방법원 2016.02.18 2015고단5487
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in bicycle riding.

On June 14, 2015, the Defendant driven a bicycle around 19:30, and proceeded with a bicycle lane at the bottom of a fish-string distance bridge located in the Dongg-gu, Seog-gu, Young-gu, Gidong-gu, Gidong-gu.

In this case, the bicycle driver has a duty of care to safely drive the bicycle along the lane by making the bicycle driving in a white line to pass on the right side of each person. In this case, the bicycle driver had a duty of care to safely drive the bicycle along the lane.

Nevertheless, the defendant neglected this and got a bicycle driving along the opposite direction in the direction of the defendant's moving ahead of the white point to pass ahead of the defendant's moving direction, due to the negligence on the opposite direction, the defendant got a bicycle driving along the opposite direction at the opposite direction.

Ultimately, the Defendant suffered injury to the victim B, who is a bicycle driver, by negligence in the above-mentioned business, such as a dog and a pellet, which require approximately six weeks of treatment.

2. The facts charged in the instant 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, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Accordingly, according to the agreement submitted on January 25, 2016, it is recognized that the injured person expressed his/her wish not to punish the accused, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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