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(영문) 인천지방법원 2017.09.15 2017고단5427
교통사고처리특례법위반(치상)
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 a three-dimensional car.

On June 21, 2017, the Defendant driven the above vehicle at around 17:08, and tried to turn to the left the left at the friest of the eelbane charging ELP in Incheon Bupyeong-gu. The Defendant also tried to turn to the left at the frith of the frith of the frithal distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, steering system and other devices of the motor vehicle, and to prevent accidents.

Nevertheless, the Defendant neglected this and tried to turn to the left as it is, by negligence, brought the front part of the Victim F (37 Dop) driving of the victim F (37 Dop) who proceeds in a normal way from the surface of the frith of the frith of the frith of the frith of the frithal road.

After all, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as chest 24 weeks of treatment, and damage of scarcity and scarcity, etc.

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, and shall not be prosecuted against the express will of the victim pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the record, the victim may be recognized on August 18, 2017, which was after the prosecution of the instant case was instituted, that the victim expressed his wish not to punish the Defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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