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(영문) 대전지방법원 2016.03.31 2016고단194
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, at around 07:50 on December 13, 2015, driven a CA-A-D car and proceeded along three-lanes from the offside to the offside of the Daejeon U.S. to the offside distance of the 6-lanes from the offside at the time of Sejong, while driving a three-lane of the eM520 vehicle in the victim's eM520 vehicle waiting to the above intersection at the front side of the Defendant's driver's vehicle due to negligence while driving the C-A-D car at around 07:50 on December 13, 2015, the Defendant got the victim into the front side of the Defendant's driver's vehicle, which requires the treatment of about 12 weeks due to the permanent decrease in the movement at the border.

2. The facts charged of 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, which do not fall under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and thus cannot be prosecuted against the victim’s express intent under the same paragraph. The same applies to cases where the victim’s bodily injury under Article 4(1)2 of the proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents poses a danger to his life or a incurable or incurable disease. Article 4(1)2 of the proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents provides, “Where the victim suffers danger to life or injury due to his or her physical injury, or has a incurable or incurable disease,” and Article 4(1)2 of the same Act provides that “the special provision concerning punishment for cases where the victim suffers injury to life or injury due to a traffic accident does not apply to cases where the victim suffers injury or injury to his or her physical injury due to the crime.”

The records of this case.

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