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(영문) 부산지방법원 동부지원 2016.02.15 2015고정1397
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On February 11, 2015, the Defendant: (a) driven a BKank-si Corpon car around 07:40 on February 11, 2015; and (b) driven a two-lane road in front of the “Yari-ri apartment complex 206,” located in the west-dong, Busan, Daegu, Busan, along the two-lanes of the same white island.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering right and the steering system well and by properly operating the steering system.

Nevertheless, the Defendant neglected this and caused the damage to KRW 2,282,00,00 of the cost of restoration to the original state by taking the chemical parts of the victim shipping Daegu, which were installed on the right side of the progress of the Defendant, as the chief part of the above Gohap.

2. The judgment is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express will under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

In this regard, according to the trial records, the victim can be found to have withdrawn his/her wish to punish the defendant around January 28, 2016, which was after the prosecution of this case.

3. According to the conclusion, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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