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(영문) 전주지방법원 정읍지원 2019.09.05 2019고단144
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a car BCoC.

On November 28, 2016, around 16:18, the Defendant proceeded with the front road at the entrance of the C Village at Jung-Eup-si, according to one-lane from the surface of the scarcity at the scarcity to the direction of the scarcity.

At this point, there is a narrow road of one lane and a place where pedestrians are frequent as a village entrance, so in such a case, the driver of the motor vehicle has a duty of care to reduce speed and drive the steering gear and the brake system accurately.

Nevertheless, the Defendant did not neglect this and did not look at the front side of the Defendant and did not find the victim D (I 74 years old) who was going on the right side of the front side of the Defendant, and did not go beyond the front side of the Defendant’s vehicle.

Ultimately, the Defendant caused injury to the victim by occupational negligence during about 10 weeks of medical treatment, and caused injury to the victim, such as blood transfusions, in the two parts of medical treatment, thereby causing danger to life.

2. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts charged of judgment: A judgment dismissing an application against non-compliance with the intention of submission of an agreement on September 5, 2019, which is after the institution of public prosecution: Article 3(2) main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a victim expresses his/her intention not to prosecute a case which cannot be prosecuted against the clearly expressed intention or where

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