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(영문) 전주지방법원 정읍지원 2018.11.29 2018고단222
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a D’s “Poter” truck.

On June 12, 2016, around 15:45, the Defendant: (a) went back to and from the roads of the second line to the roads of the second line to the roads of the second line to the roads of the opposite line to the opposite line to the opposite line to the road of the opposite line to the opposite line to the village of the village of the village of the city of the village of the village of the city of the village of the village of the village of the village of the village of the village of the city of the village of the city of the city of the village of the city of the city of the village

At the same time, the central line has been installed as the two-way lane, and the passage of the vehicle has frequent, so the driver of the vehicle who intends to turn to the left after entering the above road from the farm road (roway) has the duty of care to confirm whether there is no vehicle travelling on the road by checking well the right and the right and the right of the vehicle, and to prevent accidents by entering the above road.

Nevertheless, the Defendant neglected this and went to the left by the negligence of entering the road from the above farm road (roway) to the left, and received the front part of the FCA110 bicycle driving from the victim E (e.g., 56 years old) who was driving on the right side from the left side of the room where the Defendant is driving.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence by causing damage to spine, which is caused by spinal damage, which requires approximately 14 weeks medical treatment, to the right-hand body flag, etc., during which 23% of the labor force was permanently lost.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and 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.

However, according to the records of this case, it can be acknowledged that the victim expressed his/her intention not to be punished against the defendant on November 28, 2018, which was after the prosecution of this case was instituted (i.e., the agreement on November 28, 2018).

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