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(영문) 청주지방법원 충주지원 2018.09.07 2018고단368
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a car in Cknife.

On February 26, 2018, the Defendant driven the above car at around 12:20 on February 26, 2018, and led the Defendant to go straight ahead of D in order to the resignation distance from the east-do.

Since there are no signals, traffic control has been carried out due to the absence of signals, there was a duty of care to check whether a person engaged in the driving of a motor vehicle temporarily stops or by making a stop prior to entering the intersection and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded to the intersection, the Defendant received the front part of the bicycle riding side of the Defendant’s driving vehicle from the victim E (70 years) driving the said intersection to the port from the right side of the direction of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as her over 12 weeks old cerebral blood transfusions requiring medical treatment.

2. Determination

(a) Crimes of non-violation of an intention: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

B. On August 31, 2018, after the institution of the instant prosecution, a written agreement stating the victim’s expression of intention not to punish the victim was submitted.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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