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(영문) 인천지방법원 2017.09.06 2017고단4579
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving freight cars.

On April 6, 2017, the Defendant was driving the above cargo vehicle around 07:30, and became a step forward to carry out the steel-line unloading operation at the 6 wharf of Incheon Jung-gu, Incheon.

In such a case, after checking whether there was a worker, etc. who works in the rear side in the rear side of the large cargo vehicle, the defendant did not discover the victim C (57 ) who was engaged in tenting at the rear side of the said cargo vehicle and did not find the victim C (57 ) who was engaged in tenting at the rear side of the said cargo vehicle due to the negligence of neglecting the duty of care, and led about about 15 meters to the victim who suffered from the said rear wheels while going beyond the latter wheel.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the complete cutting of the brupted fingers, which require approximately 12 weeks of treatment.

2. Determination

(a) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. On July 31, 2017, after the prosecution of this case, the Defendant submitted to this court a written agreement in which the victim’s wishes not to punish the victim.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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