(영문) 대전지방법원 공주지원 2015.11.27 2015고단200

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(영문) 대전지방법원 공주지원 2015.11.27 2015고단200

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving of B-B cargo vehicles.

On January 28, 2015, the Defendant driven the above cargo vehicles in the course of business, and led to the 32-lanes located in the area of the Singuk Scenic (U.S.) of the Y. 32-lanes in the direction of the Singu in the direction of the Singu in the direction of the Singu, along the two-lanes in the direction of the Singu.

A driver has a duty of care to safely operate a person engaged in driving service by accurately operating the steering gear and steering the steering gear.

Nevertheless, the defendant's negligence without properly examining the front side of the cargo, which led to the collision of the back part of the victim C(75 years old) driving in the same direction as the defendant, which was going in the front side of the defendant.

Ultimately, the Defendant, by occupational negligence, caused the victim to inflict injury on the victim, such as the damage of the number of light scams that require approximately 12 weeks of treatment, the diversification of light scams, and the credit scamscambing, which have not been open in two parts, thereby causing danger to the life of the victim, and causing disability such as the degradation of recognition function and the paralysis of scamscam.

2. The facts charged on the market are those 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 the prosecution may not be instituted against the express will of the victim pursuant to the main sentence of Article 3 (2) of the Act on

However, according to the contents of the agreement, the victim can be acknowledged on October 2, 2015, which is after the prosecution of this case, that the victim expressed his/her intention not to be subject to criminal punishment against the defendant in this court.

Thus, this case constitutes a case in which the victim expressed his wish not to prosecute a case which cannot be prosecuted against the clearly expressed will of the victim, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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

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