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(영문) 광주지방법원 목포지원 2015.05.19 2015고단429
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving vehicles B.

around 10:00 on February 4, 2015, the Defendant was driving the car at the entrance of the materials warehouse of the Daejeon Ham-ri, the Ham-ri, the Ham-gun, Hamyeong-gun, the Defendant carried out the work to load goods.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a pedestrian in the vicinity by properly examining the front side and the left side of the motor vehicle, and to accurately manipulate the steering system, steering system, etc. of the motor vehicle in advance to prevent accidents.

Nevertheless, the Defendant neglected this and found the victim C (the age of 68) who passed ahead of the material storage due to negligence that neglected the duty of care in front of the materials storage, and immediately sponsed the victim of the lane, and continued to meet the victim's bridge with the wheels of the victim.

As a result, the Defendant suffered from the above occupational negligence that caused serious injury to the victim, such as the mouth opening of the upper right frame and the cutting of the right bridge, for about 16 weeks of treatment.

2. The facts charged in the instant case 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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, it is recognized that the victim expressed his/her intent not to punish the Defendant on May 7, 2015, which was after the prosecution of the instant case was instituted, and thus, the prosecution of the instant case is dismissed pursuant to Article 32

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