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(영문) 서울동부지방법원 2015.12.10 2015고단2858
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who is engaged in driving of bicycles.

The Defendant, at around 10:50 on May 13, 2015, driven the above bicycle, thereby living the first bicycle lane in Seongdong-gu Seoul Metropolitan Government.

From the riside to the Jindo road, it has been proceeded at a speed of about 20 km in speed.

Since there are places adjoining to the lane, in such cases, there was a duty of care to confirm whether a person engaged in driving service has entered the bicycle lane by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went in the same direction from the front bank due to negligence, and received the front part of the above bicycle, such as the victim C (V, the age of 81) who was walking in the same direction.

Ultimately, the Defendant caused the victim to suffer injury, such as the abandonment of the upper part of the upper part of the body in need of treatment for about eight weeks due to such occupational negligence, the extra part of the body in need of treatment.

Judgment

The facts charged of this 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 cannot be prosecuted against the victim's express intent under Article 3(2) of the same Act. According to the records, the victim C may recognize the fact that the victim C withdraws his/her wish to punish the defendant on November 26, 2015, which is after filing the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act

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