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(영문) 청주지방법원 2016.09.27 2016고단1354
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On April 21, 2016, the Defendant, who is engaged in driving a C-crock car, driven the said car at around 21:45, and continued to drive a three-lane road in front of the site of the E hotel located in B at the Cheongju-si at the Cheongju-si, using three-lanes from the pentsan-si to the window of the windowri distance.

At the time, there was a bicycle crossing at night, and in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as a person engaged in driving of a motor vehicle, a person who is engaged in driving a motor vehicle, who is well aware of the right and the right and the right, and accurately operates the steering wheel and brake system.

However, the Defendant neglected this and did not discover the victim G (78 ) driving bicycles crossing the E-site from the backside of the F company, the left side of the running direction of the Defendant, to the offside of the E-site, and received the said bicycles from the front part of the said car.

As a result, Defendant 1 suffered injury, such as flaging, paralysis, etc., from the injury of the victim, which requires rehabilitation treatment for up to one year, due to the above occupational negligence, caused the victim to become a flady, flady, or flady disease.

2. The above facts charged are crimes 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 proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the trial records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant around August 12, 2016, which is the date of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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