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(영문) 창원지방법원 2019.06.13 2019고단553
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Defendant who is engaged in driving of BPoter Ⅱ.

On May 03, 2017, the Defendant driven the above cargo vehicle at around 09:50, and proceeded along the two-lane road, which is 64-5, in the Jinhae-si, from the Jinhae-si to the Jinnhae-si.

At the same time, the front of the road is an intersection operated by yellow on-and-off signal and is driving the road by entering the intersection, and there was a duty of care to safely operate the road by accurately manipulating the front right and the right and the right and the right of the road prior to the entry into the intersection.

Nevertheless, the Defendant neglected to do so and found the E-learning Motor Vehicle of the Victim D Driving who entered the intersection as late as possible, and did not avoid it, and received the right side part of the said Motor Vehicle as the front part of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 32 weeks of medical treatment.

2. The judgment is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. Since it is apparent that the victim expressed his/her intent not to have the victim punished according to the agreement dated May 24, 2019, the public prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided

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