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(영문) 수원지방법원안양지원 2020.10.30 2020고단763
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving two-wheeled automobiles BCA110V.

Around 18:30 on May 26, 2017, the Defendant driving a two-wheeled vehicle and driving the three-lanes of the above two-wheeled vehicle, along the two-lanes from the jurisdiction of the art center in the mountain basin, along the one-lanes of the art center. When a passenger car stops due to a stop signal, the vehicle passes through the vehicle and drives the vehicle by changing the two-lanes to the right side of the Defendant’s moving direction.

At that time, there were many times of leaving the vehicle, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as changing the lane so that it does not interfere with the traffic situation, while driving the vehicle on the way to enter the driver.

Nevertheless, the Defendant neglected to do so and did not regard a two-wheeled vehicle for a victim E (Nam, 24 years old) driving, which was driven along three-lanes from the right side of the Defendant’s proceeding in the art center located in the area of the mountain basin, and did not enter the three-lane change to the three-lane, thereby obtaining the front part of the two-wheeled vehicle for the victim driving from the right side of the two-wheeled vehicle to the upper side of the two-wheeled vehicle for the victim driving.

As a result, the Defendant suffered injury, such as cerebral cerebral cerebral cerebrovassis, focusing on the fact that there is no two main points in need of open treatment for about 10 weeks from the above occupational negligence.

2. Determination

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

B. The victim expressed his intention not to punish him after the prosecution of this case (the legal statement of September 18, 2020)

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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