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(영문) 의정부지방법원고양지원 2020.12.18 2020고단1642
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving a B-learning passenger car.

Around 21:50 on March 12, 2020, the Defendant driven the said car and made it left left according to one-lane from the distance of international convention test to the distance of the fifth complex.

Since there is a place where it is possible to turn to the left, in such a case, there was a duty of care to prevent accidents by driving safely after checking whether there is a vehicle, etc. in front and rear left while driving a motor vehicle temporarily or slowly.

Nevertheless, the defendant neglected this and proceeded to the left without properly checking the way to turn to the left, and the part of the EWINGO100-wheeled Vehicle driven by the victim D (EWINGO 25 years old) who was proceeding on the way to proceed with the defendant's vehicle due to the negligence, and received the front part of the EWINGO 100-wheeled Vehicle as the right side of the defendant's vehicle.

As a result, the Defendant suffered from the above victim’s occupational negligence, such as “the above victim’s sexual intercourse with one another with no one with one’s inner identity.”

2. The facts charged in the instant case 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 cannot be prosecuted against the express will of the victim under Article 3(2) of the Act on Special Cases concerning the Settlement of

However, according to the records, the victim expressed his/her intent that he/she does not want to be punished for the defendant who received the agreed money after the prosecution of this case, and can be recognized that he/she received all the above money.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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