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(영문) 수원지방법원 2013.07.25 2013고정1422
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person driving Cro-car as a job.

On January 18, 2013, at around 22:45, the Defendant was driving the said vehicle in front of the Dogdo Jeju Jeju Jeju Jeju Jeju Island, and the Defendant was driving the said vehicle at the speed of about 10-15 kilometers in speed from the Korean electric street, the two-lanes from the e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-rayed by the victim D (year 31 and female) prior to the same direction. As such, the Defendant had a duty of care to look well into the situation, and to secure and proceed with the safety distance that can avoid when the said vehicle stops.

Nevertheless, the Defendant was negligent in driving a vehicle in close vicinity and was in front of the Defendant’s driver’s vehicle, which was stopped according to the new subparagraph.

Ultimately, the Defendant suffered from the injury of the victim D and the victim F (the 29 years of age, women) who was accompanied by the said occupational negligence, such as catitis that requires approximately three weeks of medical treatment.

2. Each of the facts charged in this case is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which cannot be punished against the victim's express intent under the main sentence of Article 3(2) of the same Act. According to each written agreement (written application for no punishment) bound in the records, it can be acknowledged that the victims expressed their intention not to punish the defendant on June 21, 2013, which was the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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