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(영문) 인천지방법원 2018.01.31 2017고단8571
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. 이 사건 공소사실의 요지 피고인은 D 포르테 쿱 승용차의 운전업무에 종사하는 사람이다.

On July 5, 2017, the Defendant driving a superior car at around 13:00 on July 5, 2017, and driving it at the Nam-gu Incheon National University of Arts.

Ro-ro, the road front of the happy church in 59 was proceeding to the left turn at the speed of the court from the right side of the office building to the right edge.

In such cases, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance by accurately operating the steering gear and the system.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (W, 33 years old) who was crossing a marina road as it was by negligence and did not discover it and received the victim in front of the left side of the said car.

As a result, the Defendant suffered serious injury to the victim by occupational negligence, such as blood transfusions and maliba, etc., from an injury to the victim with no wife in the two cases where approximately 12 weeks of treatment is open.

2. The above act 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 explicit intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records, it can be acknowledged that the victim agreed with the defendant through his spouse on December 27, 2017, which was after prosecution, and expressed his wish not to punish the defendant. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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