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(영문) 인천지방법원 2013.12.09 2013고정3770
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving CMW730Li vehicles. A.

On May 28, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving the above vehicle at around 14:10 on May 28, 2013, and in the intersection of the private distance of 909-4, Nam-gu, Incheon, Nam-gu, Incheon, the Defendant was in the straight line between three lanes on the side of the tinba-ri distance.

In such a case, a person engaged in driving service has a duty of care to operate direction-setting instructions when changing the vehicle line and give notice of change in the course and to change the traffic conditions of the post-line.

Nevertheless, the Defendant neglected this and negligently changed the course to a three-lane, and led the victim D (the age of 54) who is going straight ahead of the left side of the vehicle in E the Emecas, driven by the victim D (the age of 54) at a three-lane, and shocked into the right side of the vehicle and the part after even.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the injury to the victim F (F, 21 years of age), who is the passenger of the Defendant’s vehicle, and the victim G (V, 42 years of age), for each two-day medical treatment.

B. The Defendant in violation of the Road Traffic Act damaged the repair cost of KRW 696,196, including the exchange of post-art vehicles from the victim D Driving Ete due to an accident such as the date and time and place of the entry in the paragraph (a).

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 151 of the Road Traffic 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 According to the records, the fact that the victim F and G have withdrawn their wish to punish each Defendant on November 25, 2013 and December 4, 2013 can be acknowledged.

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