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(영문) 의정부지방법원 고양지원 2013.12.12 2013고단1606
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person who is engaged in driving a Pirs Patom car.

On April 4, 2013, the Defendant driven the above car on April 22, 2013, which led to the driving of the car in front of the Pungsan Station located in the Pungdong-dong, Mangsan-dong, Goyang-si, to the YMCA discharge area from the YMCA discharge area.

At the time, the location was a blind distance where signal lights were installed, so there was a duty of care to prevent accidents in advance, such as reducing speed and securing a distance necessary to avoid collision with the vehicle in front of the signal signal, for those engaged in driving service.

Nevertheless, the Defendant neglected to do so and found the E-car of the victim D (Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the victim D’s chrops and tensions in need of approximately 12 weeks of treatment, and the victim F, who is the fluor, suffered from the injury, such as chrops and tensions that require approximately 12 weeks of treatment.

Public prosecution shall not be instituted against the clearly expressed will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents as a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 268 of the Criminal Act.

However, according to the records, on December 4, 2013, the victims submitted a written agreement that they would not wish to punish the defendant through the defense counsel of the defendant on December 4, 2013, which was after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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