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The prosecution of this case is dismissed.
Reasons
1. On November 16, 201, at around 09:21, the Defendant: (a) driven the said van on the same day; and (b) led the Defendant to drive the said van along the three-lanes in front of the 212-6 lane in Jongno-gu Seoul, Jongno-gu, Jongno-gu, Seoul, along the three-lanes.
In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to live well on the front side and to accurately operate the steering and brakes.
Nevertheless, the Defendant neglected this and proceeded as it is, while driving ahead of it, and the victim C (year 57) who was crossing the left side from the right side of the Defendant’s running direction to the left side, suffered injury, such as blood transfusion, etc., which requires approximately eight weeks of medical treatment.
Accordingly, the defendant caused a traffic accident to become a victim of a traffic accident, or caused a fatal or incurable disease.
2. The proviso of Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents stipulates that a public prosecution may be instituted even if the driver of a traffic accident is covered by a comprehensive insurance policy in the event the victim is in danger of life due to bodily injury, the victim becomes infilite or infinite disease.
First, with respect to whether the victim's state can be deemed to constitute "unclaimed, incurable, or incurable disease" as shown in the above facts charged, there are a medical record copy certificate, diagnosis certificate, diagnosis certificate, investigation report (general), and inquiry report.
① According to the medical certificate issued on January 30, 2012, the name of sick is the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral., the victim was in a state of confusion at the time of birth due to the instant traffic accident, he was in a sexual surgery with the left hand and the bones of face, and the patient’