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(영문) 창원지방법원 통영지원 2015.11.13 2015고단814
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a two-wheeled vehicle BL 125.

On August 29, 2015, the Defendant driven the above vehicle on August 29, 2017:07:47, and proceeded ahead of the 8th wall in Samsung Heavy Industries, which is located in the macro-si in the macro-si.

The Defendant was behind a bicycle driven by the victim C (the age of 28) in the same direction, and therefore, the Defendant was obliged to take a duty of care of driving persons, who are engaged in driving service, by sending signal, such as horn, etc. according to road conditions, and driving at a safe speed and method.

Nevertheless, the defendant neglected this and got the bicycle rear part of the victim's bicycle driving by negligence, which he is driving, to go beyond the front part of the defendant's right side.

Accordingly, the Defendant suffered from the Defendant’s injury, such as pressure pressure duplicating 1st century, which requires approximately eight weeks of treatment due to such occupational negligence.

2. Determination

(a) Applicable provisions of Acts: Article 3 (1) of the Act on Special Cases concerning Traffic Accident Settlement;

(b) Crimes of non-compliance with an intention: Article 9 (2);

(c) Expression of intention not to punish: Agreement submitted on October 26, 2015, which was after the institution of public prosecution of this case.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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