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(영문) 부산지방법원서부지원 2020.10.16 2020고단925
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a person engaging in driving a B-learning car.

On March 26, 2020, the Defendant driven the above vehicle at around 20:10, and led to the left-hand turn from the west-gu Seoul apartment zone to the Fsidep of the E University.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected to go on the left side of the direction of the course due to negligence, and the side of the victim G (the age of 81) to the right side of the right side of the victim G (the age of 81) conflict with the front side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as leaving the right to the right by his occupational negligence, which requires approximately 16 weeks of treatment.

2. The offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in this case 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 the offense cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act

However, on September 24, 2020, after the prosecution of this case, the victim expressed his/her intention not to have the defendant punished, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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