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(영문) 광주지방법원 순천지원 2019.04.26 2019고단87
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving B earth and a car.

At around 16:10 on October 13, 2018, the Defendant driven the above car and proceeded from the C Apartment to the D golf practice range, one way way at the entrance of Mdong Neighborhood Sports Park, which is located in the Manyang-si, Goyang-si (Ma-dong).

On the other hand, since the event was held in the surrounding park at the time, there were many pedestrians, a person engaged in driving service has a duty of care to reduce the speed in advance and drive safely by keeping the front left well.

Nevertheless, the Defendant neglected to do so and took part of the victim E (the 6-year old), which was between the vehicle parked on the right side of the running direction by negligence, into front of the car driving by the Defendant, and took part of the part such as the left side, with the right side facing the right side.

As a result, the Defendant suffered from the above victim E due to the above occupational negligence a serious injury, such as the escape of the left-hand sponsor, which requires treatment between about 10 weeks.

2. The judgment is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the victim’s explicit intent under Article 3(2) of the same Act. The written agreement recognizes that the legal representative of the victim, who is a minor, expressed his/her intent not to be punished by the defendant. Thus, the prosecution of this case against the defendant is dismissed in accordance with Article 327(2) of the Criminal Procedure Act. It is so decided

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