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(영문) 광주지방법원 목포지원 2013.06.11 2013고단443
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant charges is a person engaged in driving a C-wing and freight truck.

At around 15:20 on October 20, 2012, the Defendant moved bypass a road located on the 1196 west-do, the west-do, Gyeongan-gun, Yannam-gun, the west-do, from the west-do, to the breadth of the same Gun from the west-do village road.

At that time, the two-lanes road are two-lanes. At the time, four-lanes of width 1.5 meters and length 0.2 meters are placed in the cargo loaded by the Defendant, so in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by putting the mold on the road so that it does not fall on the road while driving the vehicle.

Nevertheless, when the Defendant neglected his/her duty to load the cargo loaded on the Defendant’s vehicle by his/her negligence, thereby falling on the road, the Defendant, while neglecting this, led the D Driving’s E-wing and floning vehicles proceeding to the termination on the side from the frighting side of the mast-down side, intended to avoid the said soft mold, and had the Defendant drive the back frighter of the said vehicle.

As a result, the Defendant suffered serious injury, such as dubing the body of the victim F (year 74) who was accompanied by the said damaged vehicle due to the above occupational negligence, for about 16 weeks of medical treatment.

2. Under the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the facts charged in the instant case are not prosecuted when a vehicle which caused a traffic accident is covered by a comprehensive insurance: Provided, That the proviso subparagraph 2 of the same Article is an exception in cases where the victim suffers a danger to his/her life due to a physical injury or becomes unusable or has a fatal or incurable disease, and the prosecutor determined that the victim falls under subparagraph 2 of the same proviso, and then prosecuted the vehicle insurance even

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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