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(영문) 제주지방법원 2014.11.13 2014고단1270
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On August 1, 2014, the Defendant: (a) driven the Datoba on a 10:50-lane on August 1, 201; (b) driven the Matoba in Jeju City, Han-si, Han-si, the Defendant, along the two-lane two-lanes of the bus stops in the Haba-gu, Han-si, Han-si, Han-si.

At this point, there was a bus stop and intersection in the front bank, and thus, the driver of the motor vehicle had a duty of care to prevent the accident and drive the motor vehicle safely by accurately operating the steering system.

Nevertheless, the defendant neglected to do so and caused the victim D(W), who crosses the road to the right side from the left side of the proceeding direction due to the negligence of neglecting it, to be the front part of the defendant's driver's license, and thereby caused the victim to suffer bodily injury, such as the upper part, the upper part, the upper part, the upper part, and the upper part, which require a medical treatment for about 10 weeks.

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 cannot be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases

However, according to the criminal agreement submitted by the defendant, it is recognized that the victim expressed his/her intent not to prosecute the defendant around November 1, 2014, which was after the institution of the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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