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(영문) 의정부지방법원 2015.11.16 2015고정1631
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving on behalf of CK5 automobiles on behalf of CK5 vehicles.

On August 16, 2014, the Defendant driven the above vehicle around 09:10, and got the front side of the tin-ried 325 way from the luminous side to the right side of both view.

Since there is a two-lane road and a place where the passage of a vehicle is frequent, drivers have the duty of care to safely drive the vehicle by checking whether it is safe after stopping, if they enter the two-lane road bypassing from the side road.

Nevertheless, the defendant neglected this and did not properly see the EM5 car operated by the victim D(SM5) who is located on the left side of the road due to the swimming of the water coming down on the left side of the road, and did not enter the road, and the part above the right side of the damaged vehicle was shocked by the front side of the defendant.

Ultimately, the Defendant caused injury to the above victim, such as salt, tensions, etc. in need of treatment for about three weeks due to occupational negligence as above, and at the same time destroyed the said car so that KRW 3,656,000 of the repairing cost, such as exchange and maintenance of the panion.

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and shall not be prosecuted against the express will of the victim pursuant to the main sentence of Article 3(2) of the Act

However, according to the agreement on the preparation of victim DD and the statement of the non-prosecution of punishment filed in the records, it is recognized that the victim expressed his/her wish not to punish the defendant on October 23, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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