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(영문) 수원지방법원성남지원 2020.11.10 2020고단3359
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a bicycle rider.

Around 13:00 on May 26, 2020, the Defendant driven the above bicycle, and led the bicycle track in front of the inciting the walking to the parallel from the direction of the parallel.

On the left side of the front side, the bicycle lane was built on the right side with the victim B (64 years of age, female) and so the driver had a duty of care to properly see the front side and prevent the accident in advance.

Nevertheless, the defendant neglected to do so and proceeds without reducing speed.

The above B conflicts with the bicycle that the defendant driven.

Ultimately, the Defendant suffered injury to the victim B due to the negligence in the above business, i.e., an injury to the victim B, i.e., an external wound, which requires approximately seven weeks of medical treatment.

2. The instant case is a crime 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 Act on Special Cases Concerning

However, according to the records, the victim can recognize the fact that he expressed his wish not to punish the defendant on September 1, 2020, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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