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(영문) 대구지방법원 김천지원 2016.01.13 2015고단1289
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving of Bone Starex.

On June 9, 2015, the Defendant driven the above maid vehicle around 09:05, and led to turn to the left from the front of the D pharmacy in Kimcheon-si, Kimcheon-si to the office of Kimcheon-si.

Since there is an intersection that is not supported by traffic control, there was a duty of care to temporarily stop or yield the course so as not to obstruct the passage of another vehicle, and in such cases, there was a duty of care to drive the vehicle by checking whether there is a cross-road vehicle to the driver of the vehicle

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the part on the right side of the victim E (70) driving, which was going to go to Mat from the right side of Kimcheon-si, Kimcheon-si, on the right side of the right side of the victim E (70) driving.

Ultimately, the Defendant caused the victim to suffer serious injury due to the above occupational negligence, such as refrativity and non-fratized pulverization, which does not keep to the right in need of approximately 12 weeks of treatment.

2. The instant facts charged constitute a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which 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 is recognized that the victim agreed with the defendant on November 19, 2015, which was after the prosecution of this case was instituted, and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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