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(영문) 대구지방법원 2020.08.27 2020고정602
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

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

On December 15:30, 2019, the Defendant driven the bicycle for his own use on his own duties, and led the bicycle-only roads in Daegu Dong-gu B and front C to E from the side of the bridge.

In such cases, a person engaged in driving service has a duty of care to check whether there is a person who walks on the front side of the same lane by checking well the front side, the left side, and the opposite side of the vehicle, and to proceed with the duty of care at a sufficient distance.

Nevertheless, when the defendant neglected to do so and proceeded in the same direction, the victim F (the age of 36) was placed in front of the defendant's bicycle.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Determination

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

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a written agreement is submitted on August 13, 2020, which expressed that the injured party does not want the punishment of the accused after the prosecution of this case is instituted);

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