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(영문) 수원지방법원 2013.06.20 2013고단1316
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was driving a vehicle with B5 tons of freight owned by himself.

On 19:35 on 2012. 26. 26. 19:35, the Defendant driven the above vehicle, and made the left turn to the left at a speed of about 40km/h/h of speed at one speed from the direction of the 43th country in the direction of the Dobong-Eup Office in the direction of the 43rd country.

A person engaged in driving service has a duty of care to prevent accidents and safely operate in accordance with the order of priority in passage when proceeding along an intersection where a yellow on-and-off signal is operated as above;

Nevertheless, the defendant neglected to make a left-hand turn due to the negligence of the victim C (39 years of age, south) driving, who was directly engaged in the left-hand turn at the right-hand turn, was reported and operated by the victim C(39 years of age, south) driving, but the driver's full-hand part of the driver's seat of the victim and the front part of the damaged driver's seat of the victim conflict

Therefore, as a result, the above C suffered injury such as the 16-day left-hand flag of the diagnosis.

2. The facts charged of the instant case are occupationally charged under Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the police statement of C, it is apparent that the victim expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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