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(영문) 부산지방법원 2018.10.16 2018고정128
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is CCoin also a person engaging in driving a sports cargo vehicle.

On June 19, 2017, the Defendant driven the above cargo vehicle around 20:30 on June 19, 2017, and made the private distance in front of the E convenience store in Busan Dong-gu to the right turn left to the right in the front of Hyundai Apartment at the front of the well-round waterside.

It is a non-protective left-hand turn, and in such cases, there is a duty of care to prevent accidents in advance by safely making a left-hand turn so that a person engaged in driving of a motor vehicle may not interfere with the vehicle coming from the opposite direction.

Nevertheless, the defendant neglected to make a left-hand turn without neglecting it, and has been straightd from the sk apartment room of the apartment site of the sk, to the sk-side of the name sk.

The front part of the G k5 car was driven by the Defendant as the right part of the said cargo vehicle.

Ultimately, the Defendant caused the victim H and I, who was on board the said k5 car due to the above occupational negligence, to suffer injuries, such as salt, tension, etc. in need of medical treatment for about nine days each.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act.

According to the records, it can be recognized that the victims stated in the facts charged have withdrawn their wish to punish the defendant after the prosecution of this case.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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