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(영문) 대전지방법원 2015.11.12 2015노2332
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

The main point of the grounds for appeal (violation of Acts and subordinate statutes) was that the instant accident occurred while the Defendant was making a left-hand turn to the left-hand turn in a non-protective zone, but this does not constitute a violation of the signal signal under Article 3(2) proviso 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents. Thus, the instant crime cannot be prosecuted against the victim's express intent. As long as the Defendant submitted a written agreement that states the victim's express intent not to punish the Defendant, the instant prosecution should be dismissed, even if the Defendant submitted the written agreement that the victim did not want to punish the Defendant,

2. The summary of the facts charged in this case is that the Defendant is a person engaging in driving a small-type taxi B.

At around 18:30 on 15, 2014, the Defendant proceeded to turn to the left from the right edge of the bamboo-proof apartment at the front of the new apartment located in the Dong-gu, Chungcheongnam-gu, Yannam-gu.

At the time, there is no left-hand turn signal at the time, and only the left-hand turn is possible, so in such a case, there was a duty of care to prevent accidents by driving safely, such as checking the front side and the left-hand side in the driver of the vehicle, and how there is another vehicle driving in the opposite part.

Nevertheless, the Defendant neglected to do so and proceeded on the part of the victim C (the 53-year-old driver) driving DoN650A in front of the 53-year-old driver's license, leading the victim to the loss of the function of the 1-5 metresh pipe, resulting in the loss of the left-hand part of the 1-5th left-hand part of the 1-5th left-hand part of the 1-5th left-hand part of the 53-year-old driver's license, thereby causing the victim to become a fluor or an incurable disease.

Judgment

The proviso of Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents is to protect a victim's life due to bodily injury.

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