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(영문) 의정부지방법원 고양지원 2017.11.16 2017고단2892
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On March 18, 2017, the Defendant driven the above vehicle at around 18:30 on March 18, 2017, and continued the roads in front of the gas station C at the time of sowing to the water village.

Since there was a parking vehicle on the right side of the course, the person engaged in driving service has a duty of care to prevent accidents by safely driving the front side and the left side after living well.

Nevertheless, the Defendant neglected this and found E dump trucks parked on the right side of the road in the direction of progress late, and did not avoid it, and shocked the above dump trucks with the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim F, who is the passenger of the Defendant’s vehicle, due to the foregoing occupational negligence, including approximately eight weeks of medical treatment to the victim F, who is the passenger of the Defendant’s vehicle (18 tax).

2. The above act by the Defendant is 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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, the said victim expressed his/her wish not to prosecute the Defendant on October 30, 2017 after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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