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(영문) 서울중앙지방법원 2019.09.23 2019고단3904
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving a Brane car.

On May 4, 2019, the Defendant: (a) driven the said car on May 10:25, 2019, and tried to enter the front road of the Do road located in Gwanak-gu in Seoul Special Metropolitan City by rounding it to the direction of “C”, which is an opposite side from the boundary of “C”; (b) In such a case, a person engaged in driving service has a duty of care to prevent accidents by safely driving by checking whether there are other vehicles directly engaged in driving on the lane in which he/she intends

Nevertheless, the Defendant did not properly look at the vehicle driving on the opposite side, and was negligent in the course of business that entered the vehicle as it is, and 125 cc driving of the victim D ( South and the age of 30) who was straight along the two lanes of the way that the Defendant attempted to enter the horse, and suffered injury, such as the escape of the left-hand shoulder, which requires approximately eight weeks of medical treatment.

2. The instant facts charged 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, and do not fall under any subparagraph of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2

However, according to the records, after the prosecution of this case, a written agreement that the victim expressed his/her intention not to want criminal punishment against the defendant on September 19, 2019 can be acknowledged. Thus, 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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