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(영문) 서울남부지방법원 2013.05.29 2013고단873
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a rocketing car.

On November 13, 2012, the Defendant driven the above car at around 19:40 on November 13, 2012, and led to a four-lane road located in the Seoeldong of Gangseo-gu Seoul Metropolitan Government to proceed to about 30km each hour at the speed of about 30km in the direction of the valley.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim C (the age of 42) crossing the road to port from the right side of the course of the course of the course by negligence, and operated the road to avoid this. However, the Defendant did not avoid it, and had the victim go beyond the ground by shocking the front part of the passenger car of the Defendant.

As a result, the Defendant suffered injury, such as brain death, focusing on the number of days of treatment due to occupational negligence as above, from the victim.

2. Under the main sentence of Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the instant facts charged are not prosecuted in the event the vehicle that caused a traffic accident is covered by a comprehensive insurance: Provided, That the proviso subparagraph 2 of the same Article is an exception in the event the victim suffers a serious injury, and the prosecutor determined that the victim suffered a serious injury, and brought a prosecution in spite of the Defendant’

As a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be punished against the victim's express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Since the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 21, 2013, which is after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance

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