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(영문) 대구지방법원 2018.02.08 2017고단3218
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a car with Ctea.

On February 28, 2017, the Defendant operated the above car at around 08:00, and continued to turn to the left at the 20th national highway of letter 20-lanes while entering the front Maart road as one of the agricultural cooperatives located in the movable property of the Cheongbuk-do, Cheongbuk-do.

In this case, a driver has a duty of care to safely drive a motor vehicle by checking the left and right well.

Nevertheless, the Defendant neglected to turn to the left the national road No. 20 on the left, and instead failed to drive the victim D (15 cm) which was registered by the 124.1c c. 1c. of the 125 c. of the 124.1c. of the 15 c. of the 15 c. of the 15 c. of the 20th c. of the c. of the c. of the c. of the c. of the Defendant driving.

Ultimately, the Defendant suffered damages to the victim due to the above occupational negligence by causing damages to the left-hand side in need of a medical treatment for about four weeks, thereby getting the victim to undergo a re-drawing re-drawing.

2. The instant facts charged constitute a crime 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records, the fact that E, a minor, who is the legal representative of the victim D, expresses his/her intent not to punish the defendant around October 30, 2017, after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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