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(영문) 수원지방법원 성남지원 2020.04.24 2019고단3017
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On June 11, 2019, the Defendant: (a) was a person engaged in driving two-wheel automobiles B 100cc; (b) was driving the said two-wheel automobiles at around 07:50 on June 11, 2019; and (c) was driving the roads front of the Central East-dong Road in Sungnam-gu, Sungnam-gu, Seoul; and (d) was driving the two

In this case, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation, steering system, etc. prior to the entry into the intersection, while a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents.

Nevertheless, the defendant neglected this and makes it difficult for the defendant to enter the intersection.

From the left side of the proceeding direction, the victim C (n, 60 years of age) who is driving a bicycle on the right side was shocked by the defendant's two-wheeled vehicle.

As a result, the Defendant suffered from injury, such as pressure pressure duplicating 12 times, which requires approximately 14 weeks of treatment.

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 C expressed his/her intention that he/she does not want to be punished against the defendant on April 7, 2020. Thus, the prosecution of this case constitutes a case where the victim expressed his/her wish not to be punished against the defendant after the prosecution of anti-presidential action.

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

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