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(영문) 수원지방법원 성남지원 2020.04.24 2020고단564
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B rocketing car.

On January 13, 2020, the Defendant driven the said car on January 16, 2029, and led C ahead of the Gyeonggi-do to drive the said car at a speed that would not be able to see road from D to Essung.

At this point, since the road is a private-distance intersection where traffic is not controlled, there was a duty of care to prevent accidents in advance by temporarily suspending the vehicle driving service prior to entering the intersection or driving slowly while driving at the intersection and driving well.

Nevertheless, the Defendant neglected this and proceeded to the left by the negligence of the Defendant, and the victim F (the 34 years old) who was driving on the left-hand side from the right-hand side, received the front door of the car of the Defendant.

After all, the suspect suffered injury to the victim F by his occupational negligence during approximately 8 weeks, such as the pelle, the injury of the closedness, and the pele of the damaged vehicle H(the 2nd age) for about 2 weeks, respectively.

2. The instant facts charged constitute a crime 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning

According to the records, the victim F expressed his/her intention that the victim H (legal representative F) does not want to be punished against the defendant on April 7, 2020 and April 16, 2020, and the victim H (legal representative F) expressed his/her intention that the defendant does not want to be punished. Thus, the public prosecution of this case constitutes the case where the victim expressed his/her wish not to be punished against the defendant after the institution of the indictment for anti-

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

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