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(영문) 대구지방법원 의성지원 2015.05.14 2015고정37
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a C motorcycle.

On January 2, 2015, the Defendant driving the above motorcycle around 15:35 on January 2, 2015, and driving the national highway 5 in front of the Sungsung-gun, Sungsung-gun, Sungsung-gun, Sungsung-gun, was driving on the national highway 5 in front of Sung-gun, Sung-Eup.

In such cases, a person engaged in driving service has a duty of care to safely proceed by accurately operating the steering gear and steering gear.

Nevertheless, the defendant neglected this and proceeded in the front side of the above motorcycle and received the front part of the above motorcycle that the defendant loaded the victim D(the age of 77) while driving in the same lane as it was by negligence.

Ultimately, the Defendant suffered injury, such as cageage cages, which requires approximately five weeks of medical treatment due to the above occupational negligence.

2. The facts charged above 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 prosecuted against the will expressed by the victim pursuant to the main sentence of Article 3(2) of the same Act.

However, on May 14, 2015, after the victim agreed with the defendant, the victim expressed his/her intention not to be punished by the defendant in this court on May 14, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327

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