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(영문) 청주지방법원 영동지원 2014.06.26 2014고단113
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On October 16, 2013, the Defendant, who is engaged in driving a CK7 car, was driving the said car at around 17:30 on and around October 16, 2013 to drive the said car at a speed of about 20 km per hour from the area of liquidation from the area of the Rocheon-Eup to the area of liquidation.

Since the defendant showed that the victim D(V) was crossing the road, there was a duty of care to reduce the speed for the defendant who is engaged in driving a motor vehicle, to take the victim's attitude well and to prevent the traffic accident in advance by driving a motor vehicle.

Nevertheless, the Defendant neglected this and tried to discover and immediately operate the victim's access to the above road for the purpose of building up the above road by negligence with the victim's trust that the above road will not collapse. However, the Defendant did not avoid it and had the victim go beyond the ground by receiving the victim from the front part of the above vehicle.

The Defendant suffered injury, such as 'brain 12 weeks of medical treatment', 'the pressure table, and 'the right pelvision', which require medical treatment to the victim due to such occupational negligence, and thereby suffered from incurable or incurable diseases.

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 express will of the victim pursuant to the main sentence of Article 3(2) of the Act on

However, according to the written agreement submitted by the defendant to this court, the victim expressed his/her intent not to punish the defendant around June 17, 2014, which was after the prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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