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(영문) 수원지방법원 2019.03.21 2018고단6831
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On May 26, 2018, the Defendant, who is engaged in driving of B-P vehicles, was driving at an indefinite speed to park in D-P parking lots located in the wife population C at the G-Peng-si, G around 16:55 on May 26, 2018.

In such cases, the driver of a vehicle has a duty of care to take a full account of the front side and surrounding conditions, such as driving of pedestrians or vehicles, and to accurately operate steering and brakes in the parking lot, and to safely implement them.

Nevertheless, the defendant neglected to do so and received the victim E (n, 3 years old) who is on board the mother vehicle due to the negligence of driving it, and followed both of the victim's legs over twice in front of the right side of the defendant vehicle.

Ultimately, the Defendant suffered a serious injury to the victim due to the above occupational negligence, such as the structural degradation of the body body frame, etc.

2. Public prosecution is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is a violation 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 under the main sentence of Article 3(2) of the same Act.

However, according to the criminal agreement submitted to this court after the prosecution of this case, the legal representative of the victim can recognize the fact that he/she expressed his/her intention not to have the criminal punishment against the defendant by agreement with the defendant.

Thus, this case is applicable when the victim withdraws his/her wish to punish a case which cannot be prosecuted against the victim's explicit intent.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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