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(영문) 대전지방법원 서산지원 2020.05.21 2020고단155
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Brane car.

On October 31, 2019, the Defendant driven the above car at around 06:09, and made a left turn to the left about 20 km from the direction of the parking lot at the entrance of the C-Ground parking lot at Seosan, Chungcheongnam-nam.

At the time, since it is a road near a parking lot where pedestrians are frequent, there is a duty of care to prevent accidents in advance by properly manipulating the front door and the left door and the left door and properly manipulating the steering and brakes.

Nevertheless, the defendant neglected to do so and passed on the left side of the victim D (the age of 63) who was walking on the left side of the defendant's driving direction due to negligence, received the part above the left side of the defendant's car in front of the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as 12 weeks of external blood transfusion, incomplete flasium, and cognitive disorders, etc., due to the above occupational negligence, caused the victim to suffer from an incurable or incurable disease.

2. Determination

(a) Applicable provisions of Acts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act

(b) A crime of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning Traffic Accident Settlement

C. The indictment of this case indicates the non-prosecution of punishment after the prosecution of this case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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