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(영문) 수원지방법원 안산지원 2020.04.17 2019고단4626
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a motor vehicle B Ecoos car.

At around 21:50 on June 9, 2019, the Defendant continued the road in front of the family flusium C to the Han River basin from the Hirs Slus Slus shooting distance.

At the same time, there was a location adjacent to the road, and thus, the driver of the motor vehicle had a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and found the victim D (at the age of 61) crossing the road from the right side of the Defendant’s proceeding direction at late, and received the victim’s bridge part as the front part of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the upper half alleys in need of approximately 14 weeks of treatment.

2. The instant case 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. Since the victim expressed his/her intention not to prosecute the Defendant after instituting the prosecution, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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