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(영문) 서울동부지방법원 2020.12.10 2020고단3569
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is a person who is engaged in driving a BKan-Pack vehicle.

On August 21, 2020, the Defendant driving the above car at around 20:05, and proceeding in the direction of winding at the east of the village along the three-lanes of the six-lane road in Gangdong-gu Seoul Metropolitan Government, Gangdong-do.

The vehicle line has been changed to five lanes.

When intending to change course of a motor vehicle, the driver of any motor vehicle has a duty of care to change course when it is likely to impede normal traffic of other motor vehicles running in the direction of change, giving prior notice of change of course, and living well in the traffic situation of front and rear left, and there is no duty of care to change course when it is likely to impede normal traffic of other motor vehicles running in the direction

Nevertheless, the defendant neglected to change the vehicle from the three lanes to the five lanes, and caused the E-motor bicycle of the victim D's driver who driven in the five lanes at the time to go beyond the collision with the above vehicle of the defendant.

The Defendant, by negligence on duty, sustained injury to the victim, such as a wound-free pharmacologic treatment for at least 12 weeks, which requires a minimum of 12 weeks of preservation and stability, and caused the victim to suffer injury to the victim, such as a wound-free pharmacologic, which has no open address, and thereby, suffered serious injury to the victim in an anti-competuous state

Provided, That the above facts charged 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 under the main sentence of Article 3(2) of the Act on

On December 10, 2020, after the institution of the instant prosecution, the victim expressed his/her wish not to punish the defendant, and thus, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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