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(영문) 대구지방법원 2019.03.19 2019고단756
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a B Ors car.

On November 26, 2018, the Defendant driven the above car at around 18:10, and tried to turn to the left at the intersection of the entrance of the D cafeteria located in the Gyeongsan-si.

Since the place is an intersection where traffic is not controlled, the driver of the vehicle who intends to make a left-hand turn has the duty of care to yield the course to the vehicle when there are other vehicles that intend to proceed straight through or make a right-hand turn to the intersection.

Nevertheless, the Defendant did not properly look at the right-hand side and received the left-hand part of the Defendant’s driver’s car from the victim G(79 years of age) driving, which was operated in the Ethical area from the apartment room of the MVL125, the left-hand part of the Defendant’s car.

As a result, the Defendant suffered a serious injury on the left-hand knee (kneeeeeeeeeee) from the victim due to the damage to the pressure of an annual installments, diversopical wave, diversified damage, extensive flag damage and the loss of annual installments, which requires treatment for about five months, due to such occupational negligence.

2. Determination is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and such an offense may not be prosecuted against the victim’s express intent under Article 3(2) of the Act on Special Cases

However, according to the records, on March 6, 2019, after the prosecution of this case, the victim expressed his/her intention that he/she does not want the punishment of the defendant by agreement with the defendant.

3. According to the conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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