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(영문) 인천지방법원 부천지원 2016.01.21 2015고단2792
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a car CK5 vehicle.

On September 15, 2015, the Defendant, while driving the above vehicle at around 15:50 on September 5, 2015, was stopped on the front of the Seocheon-gu, Seocheon-gu.

Since the above place was a slope, there was a duty of care to prevent accidents in advance by properly manipulating the brake system before unloading the vehicle after stopping the vehicle to the person engaged in driving business.

Nevertheless, when the Defendant temporarily stops in a neutral zone, the Defendant was negligent in getting off the Defendant’s vehicle on the vehicle without booming booms while she temporarily stops, thereby leaving the Defendant’s vehicle in the future.

On the front side of the sunken vehicle, the victim E (n, 5 months) was informed of the victim E (n, 24 years old) and the body back part of the victim F (n, 24 years old) was shocked by the front part of the vehicle, and the victim's body was maintained continuously.

As a result, the Defendant suffered injury to the victim E, such as brain-dead sugar requiring approximately two weeks of medical treatment, and to the victim F, approximately ten weeks of medical treatment. In addition, the Defendant suffered injury to the victim E, i.e., the left-hand pelle executives requiring approximately ten weeks of medical treatment.

2. The facts charged in the instant case 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, which cannot be prosecuted 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 records, it is recognized that the victims have submitted a written agreement to the effect that they would withdraw their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so ordered as per Disposition.

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