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(영문) 부산지방법원 2016.12.30 2016고단4172
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a DP car.

On March 23, 2016, the Defendant driven the above car on March 23, 2016, while driving the F private distance in Kimhae-si, Kimhae-si, and driving on the F private distance in Kimhae-si, Kimhae-si, at the seat of Kimhae-si, about about 60km each hour, depending on the two-lanes of the Kimhae-si.

At the same time, the lower surface was sucked, and there was a person cutting the crosswalk in accordance with the pedestrian red signal at the front section of the road, and the light emitted from the street, etc. installed around the place and the vehicles located in the direction of the passage and the opposite direction of the said vehicle, and the light emitted from the vehicle in the direction of the passage and the opposite direction of the said vehicle was indicated. In such a case, the driver of the vehicle has a duty of care to accurately operate the steering gear, brakes, etc. of the vehicle, and not to drive the vehicle at a speed or in such a manner as may inflict any danger and obstacle on others, depending on the traffic condition of the road, and to prevent the accident in advance by safely driving the front section and the left and left.

Nevertheless, the Defendant did not discover the victim G (78 years of age) who was standing on the right side of the said vehicle due to pedestrian red signal from the left side of the said vehicle due to negligence while neglecting this, and did not find out the victim G (78 years of age) who was standing on the right side of the said vehicle and received the victim by driving ahead of the said vehicle.

Ultimately, the Defendant suffered from a serious injury to the victim due to the above occupational negligence during approximately twenty weeks of medical treatment.

2. Determination

(a) Crimes of non-compliance with an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. After the prosecution of this case, the victim submitted a written agreement stating his intention not to punish the defendant.

(c) Judgment dismissing public prosecution: Article 326 subparagraph 6 of the Criminal Procedure Act;

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