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(영문) 창원지방법원 2014.02.14 2013고단3093
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who drives a bus B with high speed.

On March 16, 2013, the Defendant driven the above bus on March 13:45, and led to the left turn to the right at the right edge of the terminal parking lot from the location of the closed-end hotel where the bus terminal is sold at the window of Changwon-si.

At that time, the entrance into a bus terminal parking lot is the distance, and at the same time, the victim C(n,67 years of age) gets at the distance between delivery and delivery in the direction of the commercial household distance from the location of the DDD hotel, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle after checking the course of the vehicle, such as whether the pedestrian is walking on the front side and the left side.

Nevertheless, the Defendant neglected his duty of care and neglected to turn left the left, and caused the victim's body to be satisfed between the sidewalk at the entrance of the terminal parking lot and the sidewalk, and led the victim to go beyond the victim, and the victim's right edge was set back with the front wheels of the bus left.

Ultimately, the Defendant suffered a serious injury that caused the victim to cut less than 1/2 of the right side due to the pressure damage to the right side due to the above occupational negligence.

2. The instant facts charged constitute 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 punished against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Since the victim’s expression of intent to punish the Defendant on November 13, 2013, after the instant indictment was instituted, it can be recognized that the “traffic accident criminal agreement” in which the victim withdraws his/her wish to punish the Defendant was submitted to this court, the instant prosecution is dismissed in accordance with Article

It is so decided as per Disposition for the above reasons.

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