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(영문) 수원지방법원 안양지원 2018.09.13 2018고단681
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving Cking vehicles.

On September 14, 2017, the Defendant parked at the three-lane edges of the third-lane road in front of the E real estate in Si/Gunpo-si, Si, Mapo-si, Si, Gunpo-si on September 14, 2017, and changed the lane into one-lane.

In this case, the defendant who drives a motor vehicle has a duty of care to safely change the lanes by giving prior notice of the direction to the direction, etc. and by taking into account the traffic situation of the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by making the front quile part of the front quile, which is driven by the victim F (72 tax) who is proceeding in the latter side of the first lane, due to the negligence of entering the right side of the left side.

As a result, the Defendant suffered injury to the victim, such as the victim’s death and paralysis in detail as to the number of days of treatment due to such occupational negligence.

2. Determination and conclusion of 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, and 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.

Accordingly, according to the agreement submitted to this court on August 9, 2018, the victim is recognized as having expressed his/her intent not to be punished for the defendant after filing the prosecution of this case. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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