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(영문) 대구지방법원 2018.01.15 2017고단5987
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a motor vehicle with sod vehicle B.

On May 1, 2017, the Defendant driven the above car at around 20:00, and led D's front of the gas station in Yongcheon-si, Young-si, to two-lanes from the port of the port of the port of the Republic of Korea.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle on the same road and did not discover a warning flag that is being driven by the victim E (60) in front of the same road.

As a result, the Defendant suffered serious injury to the victim, such as fall in recognition function, falling in the flaging part of the flag, walking disability, walking disability, daily life disorder, etc., by causing damage to the victim’s flag, which requires approximately six months 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.

According to the records, the victim E withdraws his/her wish to punish the defendant around December 27, 2017, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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