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(영문) 청주지방법원 충주지원 2012.01.15 2012고단1055
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving service of Oral Ba at C 125:

On August 31, 2012, the Defendant driven the 09:48 above Oralba, and led to the left left-hand turn from the scopon of the Kudong University, which was in the scopic scopic of the king of the Chungcheongnam-gun, Chungcheongnam-do.

At all times, the signal is an intersection without a signal, and the E-wing truck drivened by D from the corner to the sloping side was straighted, so the defendant who intends to turn to the left had a duty of care to yield the course to the above wing truck that is straight down at the intersection.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and received the front part of the above wing truck with the left part of the Defendant’s right side.

Ultimately, the Defendant suffered approximately 14 weeks of medical treatment from the victim F, who was on board after the Defendant's Obaba, due to the above occupational negligence, an open space between left-hand and right-side.

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 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 records, it is recognized that the victim expressed his/her intention not to be punished against the defendant after instituting the instant prosecution. Thus, the instant prosecution is dismissed pursuant to Article 3

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