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(영문) 서울남부지방법원 2015.04.08 2015고정300
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant driven EEAVV AER AF.

On September 10, 2014, around 05:10 on September 10, 2014, the Defendant, while neglecting to check whether there is a pedestrian passing the crosswalk by reducing speed in front of G gas stations located in Guro-gu Seoul Metropolitan Government, and properly examining the bank, he is straighten.

The victim He did not discover the victim He who passed the crosswalk, and the front wheel part of the above vehicle was the front wheel part of the victim's right bridge part, and let the victim go beyond the road.

As a result, the Defendant caused the victim to suffer injuries to the frame and the closedness of the frameworks of the reproduction of the expected medical treatment days for six weeks.

2. The instant facts charged 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 (the location of the accident is a crosswalk, or the crosswalk signal on the facts charged is not clear as to whether the pedestrian signal was a pedestrian signal, and it is difficult to view that the case was prosecuted pursuant to the proviso to the above provision). Since the instant facts charged drafted a written agreement on March 9, 2015, which was the date of the instant indictment, that the victim would not wish to punish the Defendant, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act

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