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(영문) 수원지방법원 2016.08.31 2016고단2481
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving of CPoter cargo vehicles.

On January 29, 2016, the Defendant driven the above vehicle at around 16:45, and proceeded to the left at about 20km from the direction of the apartment entrance to the 631 east of the apartment complex in the non-fund apartment complex located in the river-gu of Suwon-si, Suwon-si.

Since it was a road in an apartment complex, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right of the road, and by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected this and neglected his duty on the front side and the left side by negligence, and caused the victim D (the 39 years of age) who walked on the left side from the right side of the proceeding to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as a sacrife, which requires approximately eight weeks of treatment due to occupational negligence.

2. Determination

(a) Crimes of non-violation of an intention: Article 3 (1) and the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Indication of the history of punishment of the deceased after the institution of public prosecution: A written agreement on August 10, 2016;

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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