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(영문) 춘천지방법원 2015.09.25 2015고정252
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a bicycle driver.

On February 20, 2015, at around 13:10 on February 20, 2015, the Defendant driven the above bicycle and proceeded 6.5 km of North Korean bicycle paths in the Gancheon-si, Chuncheon-si.

A person engaged in driving service has a duty of care to live well on the right and the right side of the course and to accurately operate the steering and steering system.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (5 years of age, 55) who walked in front of the same room, and went back to the ground on the front part of the bicycle.

Ultimately, the Defendant suffered from the injury of the victim, such as 'the alley and the closure of the body of the body of the head of the body in need of treatment for a period of two months due to such occupational negligence.

2. The judgment is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal 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. According to the C’s agreement compiled in the records, it is recognized that the victim expressed his/her wish not to prosecute the defendant on September 15, 2015, which was the date when the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 32

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