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(영문) 서울서부지방법원 2019.07.02 2019고단1720
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives a Lespo bicycle in the facts charged of the instant case.

Around 20:30 on February 28, 2019, the Defendant driven the above bicycle and proceeded the road in front of the Mapo-gu Seoul Metropolitan Government B apartment complex at the speed of about 10km/h in the direction of B apartment C at the seat of the management office.

In such cases, a person engaged in driving service has a duty of care to live well in the front, left, and well, to safely operate the operation and steering gear, and to prevent accidents from occurring.

Nevertheless, the defendant is negligent in doing so and is proceeding.

From the left side of the progress direction, the victim D (the age of 69) crossing the road in the apartment complex to the right side of the apartment complex was shocked on the front side of the bicycle.

The Defendant suffered from the injury to the victim of this occupational negligence at approximately 6 weeks of medical treatment, 4, 5, and 6.

2. Determination is an offense 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 an indictment may not be instituted against the victim’s express intent under Article 3(2) of the Act on Special Cases concerning

However, according to the records, on June 18, 2019, after the prosecution of this case, the victim DNA was submitted to this court on June 18, 2019, stating that "the victim does not want punishment against the defendant."

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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