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(영문) 대전지방법원 2013.04.03 2013고단685
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a motorcycle C-CA (CA) 110Bro(V) license.

On November 17, 2012, the Defendant driven the above motorcycle at around 18:40, while driving the above motorcycle, the Defendant driven the front Dok-dong Real Estate Agent in the Daejeon Jung-gu in the direction of the 4th parallel distance from the Daejeon Tax Office.

The defendant engaged in driving service has a duty of care to accurately operate steering devices, brakes, and other devices, depending on the traffic situation of the road and the structure and performance of the vehicle, not driving at such speed and in such a manner as to inflict any danger and injury on others, and to properly report the traffic conditions on the front side and the right side and the right side and the right side and the right side and prevent the accident from spreading.

Nevertheless, the defendant neglected this and proceeded along the right side of the vehicle which was fixed to the right side, and brought up the victim D (V, 74 years old) who dried the road on the right side from the left side of the course direction to the left side of the vehicle which the defendant drives.

Ultimately, the Defendant suffered injury to the said victim D by negligence in the course of performing the above duties, such as scarke, which requires approximately four weeks 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, and constitutes cases where a prosecution cannot be instituted 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 According to the written agreement submitted on January 29, 2013, the fact that the victim has withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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