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(영문) 광주지방법원 목포지원 2016.11.29 2016고단1336
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a C-A-P car.

On February 8, 2016, the Defendant driven the said car on February 18, 2016, while driving the said car and driving it directly toward the direction of the Yongsan Tri Road in front of the Gun in the south-do.

At the time, it was difficult to stop down one-lane, which is a one-lane road, and there was no street lamps in the vicinity. In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and the left and right of the motor vehicle and accurately manipulating the steering gear, brakes and other devices of the motor vehicle.

Nevertheless, the Defendant neglected this and followed the Defendant’s negligence, thereby leading the Defendant’s automobile E (the age of 66) in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered from a serious injury, such as decline in recognition function due to brain damage caused by cerebral blood from the climatic blood, etc., due to the above occupational negligence.

2. The above facts charged 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 Article 3(2) of the same Act. Since the victim, after the institution of the prosecution in this case, expressed his/her wish not to punish the defendant, the prosecution in this case shall be dismissed in accordance with Article 327(6) of the Criminal Procedure Act and it is so decided as per Disposition

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