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(영문) 인천지방법원 부천지원 2014.11.20 2014고단2591
교통사고처리특례법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of a vehicle B, low-priced vehicle.

On May 20, 2014, the Defendant driven the above vehicle around 08:05, and driven the two-lanes of the long-term underground map in the Kimpo-si, Kimpo-si at a speed that is difficult to know by driving along the two-lanes depending on one lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the motor vehicle at an appropriate speed while keeping the front door and right and the right and the right of the motor vehicle in light of the traffic situation of the road.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and neglected to do so, and received the back part of the DNA strawing vehicle driven by the victim C (M, 33 years old) in the front direction of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as climatic salt and tension, which requires approximately three weeks of medical treatment by occupational negligence as above, and at the same time damaged the said rocketing vehicle to the sum of KRW 1,023,911, such as the exchange of clifers.

2. We examine the judgment. The case is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and all of which cannot be prosecuted against the suspect's express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the written agreement bound in the trial records, the victim can recognize the fact that he explicitly expresses his wish not to punish the defendant on November 3, 2014, which is after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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