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(영문) 광주지방법원 순천지원 2016.04.01 2015고단2395
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is engaged in driving a horse.

On August 27, 2015, the Defendant driven the above router engine around 15:30 on August 27, 2015, and proceeded with the intersection of the front distance C in Goung-gun B from the direction of the said extension to the melter.

Echip automobiles driven by victims D(57 Does, South) operated the opposite lane to the kidne from the Green side to the kidne.

There is an intersection where a road in the form of “” is cross-sectioned without traffic control.

In such cases, drivers shall accurately operate the steering system, brakes, and other devices of the vehicle, and shall not drive the vehicle at a speed or in such a manner as to inflict any danger and disability according to the surrounding conditions and the structure and performance of the vehicle, and have the duty of care to prevent accidents by driving the vehicle in advance by keeping well the course of the front and the surrounding areas and safely.

Nevertheless, while entering the C Intersection, the Defendant was faced with the front part of the damaged vehicle's car at the front of the driver's seat, which had been boomed by manipulating the driver's non-driving and the hand-Hand operating in the left-hand side.

Defendant damaged the property equivalent to KRW 1,797,00, such as the exchange of front fences of damaged vehicles due to such occupational negligence.

2. The above facts charged are crimes falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim of November 19, 2015, after the institution of the instant indictment, submitted a written agreement to the effect that he/she does not want punishment against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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