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(영문) 울산지방법원 2015.04.02 2014고단3646
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving C-C-3 cargo.

On August 12, 2014, the Defendant driven the above vehicle on the 12:50 square meters, and proceeded to turn to the left at one lane of the four-lanes between the two-lanes from the sub-sections of the sub-sections of the E, which are located in D at Yangsan City.

The driver who intends to make a left-hand turn is a non-protected part of the meeting, and the driver has a duty of care to check the safety of the progress direction and prevent the accident in advance by driving the vehicle.

Nevertheless, the Defendant neglected this and caused a serious injury to the victim H(70 years old) who is the front part of the G cargo vehicle that the Defendant drives in front of the G cargo vehicle in front of the G cargo vehicle driven by F, which was directly engaged in under the new subparagraph, from three-lanes of the 4-lanes in the direction of the educt, from the eductal bank to the eductal bank, and due to the shock, the Defendant suffered a serious injury to the educulation of the eductal damage requiring treatment of the treatment days due to the educulation damage requiring treatment.

Judgment

The facts charged in this 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, and Article 268(2) of the same Act provides that a public prosecution cannot be instituted against the victim’s explicit intent. Since a written agreement was submitted on February 24, 2015 that included the victim’s intent not to be punished, the public prosecution in this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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