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(영문) 수원지방법원 2017.10.17 2017고단2728
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is engaged in driving the Cice Track freight.

On June 23, 2016, the Defendant driven a black freight vehicle around 03:00, and proceeded along the four-lanes of the border road in the vicinity of the Gyeongcheon-gun, Gyeongcheon-do, Gyeongcheon-do, in Seoul, along the four-lanes of the border road in the vicinity of the Gyeongcheon-do.

At night, at the time, the E-Rad Automobile driven by D was stopped due to the accident before the cargo of the Defendant, and the victim F (59 years old) was lying on the road to cope with the accident. In such a case, there was a duty of care to safely drive the vehicle to prevent the accident by driving the vehicle in advance by keeping the front and left well.

Nevertheless, the defendant neglected to do so and received the back portion of the Rad Automobile as the cargo front portion of the defendant's cargo vehicle by negligence, and caused the Rad Automobile to be pushed down in the future due to the shock, and caused the victim to become the victim.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the course of the course of the duty, while restricting the right upper part of the malib and the movement of the Maliban.

2. The instant facts charged 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 same Act.

In such a case, it is apparent that the victim explicitly expressed his/her intention not to be punished against the defendant on September 19, 2017, which was after the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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