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(영문) 대전지방법원 2016.03.10 2015고정1887
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. On August 15, 2015, the Defendant was driving at around 20:27 B rocketing and brought to the left-hand turn one-lane between the two-lanes from the right side of the Burland to the right side of the Burland with the intersection of the intersection without any signal, etc. in the Curland, the wife population, and the Defendant’s turn to the left-hand turn.

In such a case, since there is no place where traffic control is performed, there was a duty of care to prevent accidents by conducting temporary suspension prior to entry into the intersection or by conducting well the left and right of the front side in order to prevent accidents.

However, the Defendant neglected to make a left-hand turn as it is, by negligence, entered the intersection in the left-hand side of the course, and received the front part of the driving D of the victim C (W, 49 years old) driving in the direction of the intersection in the direction of the intersection, from the right-hand side of the Defendant’s vehicle to the left-hand side of the road.

As a result, the Defendant suffered from the Defendant’s salt satisfying that requires approximately two weeks of medical treatment due to the foregoing occupational negligence, and at the same time, damaged the said damaged vehicle to require approximately KRW 7,584,917 of repair cost.

2. Grounds for dismissing the public prosecution;

(a) Crimes of non-violation of intention (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. After the prosecution of this case, the victim C expressed his intention not to punish him

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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