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(영문) 대구지방법원 영덕지원 2016.02.03 2015고단262
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Crane car.

On September 28, 2015, the Defendant driven the above car at around 14:20 on September 28, 2015, and turned to the direction from the parking lot of the Young-gu Food Center in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul.

Since there was a place where a person walk, there was a duty of care to take the right and the right of the person engaged in driving of the motor vehicle well and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim D (64 ) who walked on the back of the driver's vehicle of the Defendant at the time, depending on the road gate on the rear of the Defendant's driver's vehicle, and had the victim go beyond the floor by receiving the victim from the part behind the Defendant's driver's vehicle.

As a result, the Defendant suffered injury to the victim, such as the infinite, the infinite, the infinite, the infinite, the infinite, the infinite, the infinite, the infinite, the infinite, the infinite, and the four infinites.

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, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Accordingly, according to the agreement submitted after the closure of pleadings, it is recognized that the victim expressed his/her wish not to punish the defendant on February 1, 2016, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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