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(영문) 수원지방법원 2020.05.11 2019고단6102
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On December 14, 2018, the Defendant: (a) was a person engaging in driving a B-learning passenger car; (b) was driving the said passenger car on December 14, 201, and (c) led to the driving of the said car to the direction of allowing D’s front road in the wife population C from the direction of both IC.

Since the place is where the two lanes are reduced from the three lanes to the two lanes, and the pedestrian walking outside the lane is frequent, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle with the driver of the motor vehicle by driving the motor vehicle well at the place where the lane is reduced, and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and even at the point where the two-lanes are reduced from the three-lanes, and the defendant walked outside the two-lanes of the defendant's running direction and suffered serious injury, such as e., pedestrian victim E, a pedestrian victim E, a pedestrian victim, a vehicle of the defendant, a front part of the defendant's driving direction, and approximately 24 weeks medical treatment for the victim.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. Judgment dismissing public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act (In light of the records of this case, it is recognized that the victim expressed his/her intention not to be punished against the defendant when he/she agreed with the defendant after instituting the prosecution of this case

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