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(영문) 의정부지방법원 고양지원 2018.10.04 2018고단1388
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaged in the duties of driving Czeland Motor Vehicle.

On January 3, 2018, the Defendant was negligent in performing the duty of erogate and right and right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are exercised.

2. The instant facts charged constitute Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and thus cannot be prosecuted against the victim’s explicit intent under the same paragraph.

According to the submitted agreement, it can be acknowledged that the injured party expressed his/her intention not to be punished against the defendant around October 2, 2018, 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. It is so decided as per Disposition.

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