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(영문) 대전지방법원 공주지원 2015.04.14 2014고단329
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving C Pops.

On August 20, 2014, around 11:32, 2014, the Defendant driven the said cargo on the national highway front of the national highway No. 23 in the vicinity of the necked intersection located in the west-si, and proceeded from the west-si to the west-si of about 80km from the west-si.

Since there are three-lanes at the right side, a bend road and a congested road, the person engaged in driving service has a duty of care to safely drive by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected the above duty of care and caused the surface to be scamed by scambling and scambling the freight on the road due to negligence in driving.

Accordingly, the defendant suffered a serious injury, such as cutting off the part between shoulder and elbows, from the victim D (the age of 56) who is taking advantage of the above cargo due to occupational negligence.

2. One copy of the board is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the same Act. According to the agreement bound in the records, the victim expressed his/her intention not to want criminal punishment against the defendant on April 8, 2015, which is the date the prosecution of this case was instituted.

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 for the above reasons.

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