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(영문) 춘천지방법원강릉지원 2020.12.10 2020고단863
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is engaged in driving a BM7 car volume.

At around 17:30 on March 7, 2020, the Defendant operated the front road in Gangnam-si C from D party room to E apartment house room.

At the time, there is a road with a slope rapidly and there is a pedestrian in front of about 30 meters in front of the front bank. Therefore, there was a duty of care to safely drive a driver, such as reducing speed and accurately operating the steering direction and brake system, preventing a collision with pedestrians.

Nevertheless, the Defendant’s negligence that did not accurately operate steering devices and brakes, caused the Victim F (Nam, 23 years old) who was walking on the surface of E apartment from the surface of E apartment in line with the direction of progress, to be shocked by the front driver of the above vehicle.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as cerebral cerebrovassis and the right panssis, which require medical treatment for about 12 weeks.

2. The determination of this case is an offense 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 shall not be prosecuted against the express will of the victim under the proviso of Article 3(2) of the Act

According to the agreement on the preparation of a victim submitted to this court after the institution of the instant prosecution, it is recognized that the victim expressed his/her intent not to punish the defendant.

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

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