(영문) 광주지방법원 2019.03.07 2018고단5050

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(영문) 광주지방법원 2019.03.07 2018고단5050

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On 04:30 on 06. 26. 2018, the Defendant driven the said car, while driving C at the speed of 40 to 50km from the side of Ddong Office to the street of red-sea at the speed of 40 to 30km each hour.

At the time, there was a victim E (the age of 59) in the front direction of the defendant's proceeding, so the person engaged in driving of a motor vehicle had a duty of care to safely operate the steering system by accurately manipulating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected the above duty of care and caused the Defendant to go beyond the road by receiving the victim from the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which caused injury to the victim’s cerebral cerebral brain with less than two inner addresses in need of an open 14 weeks of medical treatment, the blood transfusion under the part of the external trauma of the head, and the injury to the failure of the head in the external organ, and the injury to the failure of the head in the external organ of the external organ of the external organ without an open address.

2. Determination (Dismissal of Public Prosecution) is 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 constitutes a crime not prosecuted against the express will of the victim under the main sentence of Article 3(2) of the same Act.

However, according to the letter of agreement on automobile traffic accident, sentencing investigation report, and application for penalty not attached to the sentencing investigation report submitted to this court on December 28, 2018, the victim can be found to have expressed his/her intention not to be punished against the defendant after the prosecution of this case.

Thus, this case is intended to punish the victim in a case that cannot be prosecuted against the victim's explicit intent.

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유사 판례

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