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(영문) 의정부지방법원 2015.07.09 2015고정1104
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged of this case is as follows: the Defendant: (a) driven a bicycle around 11:00 on October 10, 2014 and proceeded along along the pedestrian road adjacent to the bicycle exclusive road in front of the Namyang-ju, by neglecting his duty to view the bicycle on the right side; (b) neglected his duty to view the bicycle on the right side; and (c) caused the victim’s alteration of the bicycle by occupational negligence, thereby damaging the bicycle by shocking the back wheels part of the bicycle driven by the victim C with the front wheels of the Defendant bicycle.

This is a crime falling under Article 151 of the Road Traffic Act and can not be prosecuted against the victim's express intent under Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the letter of agreement, the victim has withdrawn his/her wish to punish the defendant on July 3, 2015, which is after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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