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(영문) 부산지방법원 서부지원 2021.01.22 2020고단1891
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a person engaging in driving a B-learning car.

On December 22, 2019, around 18:20 on December 22, 2019, the Defendant stopped in order to turn to the left at the right-hand turn using one lane of the three-lane distance intersection in front of the D store located in Busan Seo-gu C.

At the same time, the left turn is an intersection that can be left, so there was a duty of care to prevent accidents in advance by accurately manipulating the front door, the left, and the steering system before making the left turn to the driver of the vehicle.

Nevertheless, the Defendant neglected this and did not fully examine the right and the right and the right and the right and the right and left turn on the opposite side of the victim FF (56 years old) driving, who was straighted by green signals, was faced with the front side of the victim FF (56 years old), with the right side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as damage of the head of credit, which requires approximately six weeks of medical treatment, and serious injury to the victim, even during the brain function.

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 under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In this regard, the victim agreed with the defendant on September 8, 2020, and the agreement prepared by the victim was submitted to this court on September 9, 2020.

Ultimately, since the victim stated in the facts charged of this case can be deemed to have expressed his intention not to punish the defendant after the prosecution of this case, it is so decided as per Disposition pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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