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(영문) 창원지방법원 2018.01.23 2017고단4098
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On July 10, 2017, the Defendant: (a) driven a car chip B i30 on the 15:15th day of July 15, 2017; (b) followed the G dump truck owned by the victim F, driven by E, by driving the car chip in the direction of D, the front distance of D, which is located in Seongbuk-gu, Sungwon-si, Changwon-si, Changwon-si, by using the private car chip

In such a case, the Defendant, as a driver of a vehicle, has a duty of care to make the victim’s truck drivening ahead of the front direction and left right and right, accurately operates the steering and brakes, and to safely make a right-hand line. However, in violation of such duty of care, the Defendant received the part on the right-hand side of the victim’s vehicle due to the fault of the victim’s trucking the right-hand line wide to make a right-hand line at the same time as the vehicle of the victim’s defect in order for the victim’s truck to make a right-hand line.

Accordingly, the defendant damaged the above victim's vehicle in approximately KRW 7,738,280.

2. According to the traffic accident agreement submitted to this court on December 12, 2017, the victim is found to have expressed his/her wish not to punish the defendant. Thus, the victim is dismissed in accordance with Article 151 of the Road Traffic Act, the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 327 subparag. 6 of the Criminal Procedure Act.

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