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(영문) 전주지방법원 군산지원 2013.09.10 2013고단648
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving service CCA110 Oba.

On April 26, 2013, at around 23:10 on April 26, 2013, the Defendant driven the above Otoba, and proceeded at a speed of about 60-70 km in the direction of the Electronic Islands shooting distance from the direction of Love.

At the time and at the same time, there is frequent appearance of other stobs that are operated for pedestrians or delivery, so there is a duty of care to ensure safe operation, such as making a person engaged in stobs aba, who well sees the right and the right and the right and the right and the right and the right and the right and the right and the right and the prevention of accidents by accurately manipulating the operation of the operation and the steering system.

Nevertheless, the defendant neglected to perform his duty at the time of discharge and found out and operated the ECA 110 Obama which was driven by the victim D (the age of 19) who was stopped for food delivery in front of the same direction due to the negligence of operating the above Obaba in an urgent manner for the delivery of the recipient. However, although it did not reach the above Obama, the defendant received a part adjacent to the left-hand side of the damaged Obaba.

As a result, the Defendant caused the victim D to suffer from the above occupational negligence, 1/3 of 12 weeks of abandonment in light of the left-hand body requiring medical treatment.

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, which 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. Since a written agreement was submitted to this court on August 21, 2013 after the institution of the instant case to the effect that the Defendant’s punishment is not wanted, the instant indictment is dismissed pursuant to Article 327

It is so decided as per Disposition for the above reasons.

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