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(영문) 창원지방법원 2013.09.13 2013고단1451
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a car Crens II.

On January 20, 2013, the Defendant driven the above vehicle at around 19:05, while driving the national highway No. 14 of the celebri ginseng distance 14, which is on the upper side of the road at the speed of string, along the two-lanes of the two-lanes, from the breath section to the breath section. The Defendant, due to negligence, found the victim D (the age of 65) who was walking on the road in the same direction and was negligent in performing the duty of care to drive the breath and the right and the right and the right and the right and the right, was immediately discovered and took urgent action, but did not avoid the action, and received the part of the victim's bridge

Ultimately, the Defendant suffered from a serious injury, such as double alleys, which require at least 12 weeks of treatment, due to such occupational negligence.

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, which cannot be punished against the victim’s express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The victim’s withdrawal of his/her wish to punish the defendant on August 30, 2013, which is after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed pursuant to Article 327(6)

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