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(영문) 전주지방법원 2014.12.19 2014고단1725
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving CM5 vehicles.

On June 6, 2014, the Defendant driven the above vehicle on June 19:15, and proceeded at a speed of about 74 km per hour in the direction of Kim Jong-si in the direction of Kim Jong-si.

Since the defendant was followed by the victim F (79 years of age) due to the right side side of the front side, the defendant engaged in driving service had a duty of care to prevent accidents, such as taking a well-known situation, securing a safe distance to avoid when the bicycle enters the front line, and securing a safe distance to avoid accidents.

Nevertheless, the Defendant neglected this and subsequently discovered the victim's entry into the center of the road and took an urgent action to avoid this. However, the Defendant failed to take the measure, thereby causing the victim to go beyond the ground.

The Defendant suffered from an injury to the victim, such as an external flag, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence, and thereby, caused the victim to have a flag, such as a severe mental disorder, a flag, etc., or caused a flag or flag disease.

2. Determination: An offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 268 of the Criminal Act shall not be prosecuted against the clearly expressed will of the victim under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the records of this case, the victim submitted a written agreement to withdraw his wish to punish the defendant on December 11, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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