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(영문) 인천지방법원 부천지원 2014.06.10 2014고정211
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving a D SP car on duty.

On December 20, 2013, the Defendant driven the above vehicle at around 23:00, and attempted to park the vehicle with the right behind the road of 538-4, Young-gu, Seoul Special Metropolitan City.

In such cases, the driver of the vehicle has a duty of care to properly see the front and rear left and accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, after neglecting this, the Defendant, who was parked due to negligence, destroyed and damaged the property in an amount equivalent to KRW 1,127,507 for repair costs, such as the replacement of the back part of the Defendant’s vehicle with the back part of the FM7 car owned by E (48 years old).

2. The instant facts charged are crimes falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. Since it can be acknowledged that the victim’s written agreement was submitted on May 13, 2014, which was the date the instant prosecution was instituted, the prosecution on this part is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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

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