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(영문) 서울동부지방법원 2017.06.15 2017고단892
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On January 4, 2017, the Defendant, at around 15:00, driven a BV car with CV and continued to drive the front road of Songpa-gu Seoul Metropolitan Government D from the new river basin to the shooting distance of the locked Private Teaching Institutes, one-lane between three-lanes.

In this case, the driver of the motor vehicle has a duty of care to safely drive the steering on the front left and right well and the steering system accurately.

Nevertheless, when the defendant neglected to do so, he was the victim E (the age of 64) who crosses the road to the left side from the right side of the marine bed. (the age of 64) to the right side of the car.

Ultimately, the Defendant suffered injury to the victim, such as cutting the upper end of the 10 week left-hand body in need of approximately 10 weeks of treatment due to such occupational negligence.

2. Determination is an offense 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.

In such a case, the victim withdrawn his wish to punish the defendant on June 14, 2017, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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