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(영문) 창원지방법원 2013.04.25 2012고단3894
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who drives BEF vehicles.

On August 15, 2012, the Defendant driven the above vehicle around 23:40 on August 15, 2012, and proceeded at a speed of about 60km from the boundary of the Chang Police Station in the speed of 3 lanes in front of the Dondong Dondong, which is about four lanes in front of the Dondong Dondong.

At the time, since the night and the level of rained surface was milched, a person engaged in driving a motor vehicle had a duty of care to safely drive the motor vehicle by accurately operating the front side and the left side and the left side and the steering gear.

Nevertheless, the Defendant neglected this and neglected the part of C(16 years old)'s right-hand buckbucks, which crossed without permission from the left-hand side of the progress direction, to the front part of the Defendant's driving vehicle.

Therefore, the defendant suffered injury, such as a pelpeltoma, around the right side, in need of treatment for about eight weeks.

2. The facts charged in the instant case 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. According to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, a public prosecution

According to the records, it is recognized that a written agreement on the preparation of D by the legal representative (parent) of the victim (parent) was submitted to this court on February 14, 2013, which was after the institution of the instant prosecution, to the effect that he/she did not wish to punish the defendant.

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

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