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(영문) 전주지방법원 정읍지원 2019.07.04 2018고단585
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving freight B in sealed franchising.

On November 06, 2015, at around 09:35, the Defendant driven the above vehicle, and led 437 nautical miles from the outer nautical miles of the former North Korea to the nautical miles from the outer nautical miles.

In this case, the driver of the vehicle has a duty of care to safely drive the steering system and the steering system accurately. In this case, the driver of the vehicle has a duty of care to see the front-distance and to accurately manipulate the steering system and operating the steering system.

Nevertheless, the Defendant was driving by the victim C(the age of 74) who was directly going in the direction of the heart in the event that the Defendant was negligent in entering the intersection by failing to properly examine the surrounding areas before entering the intersection, and due to the negligence of entering the intersection, he was driven by the victim C(the age of 74) who was going directly in the direction of the heart.

Ultimately, the Defendant suffered serious injury, such as brain color and language disorder, which require around 12 weeks of treatment by occupational negligence as above, resulting in risk to the victim’s life.

2. Determination

(a) Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning the facts charged for the applicable provisions of Acts: Judgment dismissing public prosecution under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a victim expresses his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention or where a declaration of wish

(b) Declaration of non-performance of punishment: Submission of an agreement on June 18, 2019, which is after a public prosecution is instituted;

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