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(영문) 수원지방법원 2019.09.19 2019고단3152
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B-M truck of 6.5 tons in Korea.

On September 4, 2018, the Defendant driven the above truck on September 14:35, 2018, entered the D stations located in Ischeon-si C, and stopped and stopped, and then stopped the cargo vehicle.

On the other hand, the driver of the motor vehicle had a duty of care to prevent the accident by accurately manipulating the steering system and the steering system and to prevent the accident.

Nevertheless, the Defendant did not discover the victim E (the age of 82) from the front side of the cargo vehicle to the front side of the cargo vehicle due to the negligence of driving the vehicle as it is while neglecting this, and did not discover the victim E (the age of 82) and had the above victim go beyond the floor by receiving the above victim from the front part of the truck.

Ultimately, the Defendant suffered from serious injury, such as cerebral leina, external brusium, and brusium, which require approximately 14 weeks of medical treatment, due to such occupational negligence.

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 and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the records of this case, it is recognized that the victim expressed his/her intention that he/she would not want the punishment of the defendant after the prosecution of this case was instituted with the defendant, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so

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