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(영문) 대전지방법원 서산지원 2018.12.19 2018고단882
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person who is engaged in driving a rocketing car.

On February 15, 2018, the Defendant driven the said car as around 15:40 on a duty, and continued to drive the said car near the E Hospital, the front of the E Hospital, located in D at Jinjin-si, to drive the road into the original wedding room.

At that time, traffic signals, etc. are installed, and at that time, the vehicle signal, etc. was on-and-off, so in such a case, the driver has a duty of care to check whether a vehicle, etc. is crossing by reducing or temporarily stopping the speed prior to entering the intersection, and to check the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and was driving by the Victim F (54 tax) who was working on the left side of the old terminal in the direction of the progress of the Defendant by negligence.

GCA100 Obama received the right side of the Defendant’s car in front of the passenger car.

Ultimately, the Defendant suffered from occupational negligence as seen above the victim’s injury at the bottom of the Bridge, accompanied by an open frame (all parts) that requires approximately 12 weeks of treatment. This led to the victim’s non-defluence or the victim’s incurable or incurable disease.

2. The facts charged in this case’s dismissal judgment falls under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and thus, cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (in a case where the driver of a vehicle commits a crime of occupational injury or bodily injury due to a traffic accident and the victim’s life is threatened, or the occurrence of an incurable or incurable disease, the vehicle causing the traffic accident is subscribed to insurance or mutual aid under Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents

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