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(영문) 수원지방법원 안양지원 2013.08.22 2013고정673
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person driving a B-hurged car owned by the Defendant.

On January 21, 2013, around 19:25, the two-lanes from the 5-lane in the direction of the Induduwon Station in the direction of the duduwon Station in the direction of the duduwon Station from the duduwon Zone in Ansan-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the anti-defluence and operating the steering gear.

Nevertheless, the part of the victim C (the 60-year-old and female)’s right bridge was placed across the road in the direction of the “defluence air,” from the room of the “Woowon” due to the negligence of neglecting this, and was placed in the front part of the Defendant’s driving vehicle.

The Defendant suffered injury that requires approximately 14 weeks of medical treatment from the victim due to occupational negligence above.

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, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act.

According to the records of this case, since the victim expressed his/her intention not to have the defendant punished before prosecution, the procedure for prosecution is invalid in violation of the provisions of law.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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