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(영문) 춘천지방법원 2013.07.18 2013고단442
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving ballon trucks.

At around 17:05 on June 7, 2012, the Defendant driven the above cargo vehicle, leading up to the entrance of the Gangwon-do Forestry Museum located in the Chuncheon-do, Gangwon-do, to turn back to the left from the front door of the Forestry Museum of Gangwon-do.

At the time, the defendant had a duty of care to make a left turn after checking the right and the right and the right and the right and checking the course of the defendant is safe.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and caused the front part of the registered 250cc Oral wave driven by the injured party C (year 31) who was driving in one lane from the seat of the Switzerland in the front of the driver’s seat of the said cargo vehicle.

결국 피고인은 피해자에게 우측대퇴골 으깸 손상 등의 상해를 입히고 이로 인하여 우측주관절, 족관절 통증 및 운동제한의 영구장해에 이르게 하였다.

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 Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement written by the victim C which was bound in the trial records, it can be acknowledged that the victim expressed his/her intent not to punish the Defendant on June 17, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

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