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(영문) 서울중앙지방법원 2013.09.27 2013고정2889
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who rents a bicycle owned by the Gangnam-gu Office and drives the business.

On March 12, 2013, the Defendant driven the above bicycle on March 11:36, 2013, and cut off the road in front of 660-dong, Gangnam-gu, Seoul along the crosswalk in the direction of the apartment complex of the open-si 1 apartment complex from the open-si apartment.

A person engaged in driving a motor vehicle has a duty of care to accurately operate the front side and the right and the right and the right and the right and the system of the motor vehicle, while he has been obliged to drive the motor vehicle in a safe manner in accordance with the new subparagraph, the defendant neglected to do so so so so so so so so so that the victim C(W 39 years old) 7 motor vehicles of the victim C(W ) who is driving a motor vehicle driving in accordance with the vehicle signal from the right and the left side of the road to the front side of the road when the signal of the crosswalk was violated when the signal of the crosswalk is red signal, and entered the crosswalk by negligence when the signal of the crosswalk was driven on the right and the right side of the road.

Ultimately, the Defendant damaged the property so that the repair cost equivalent to approximately KRW 1,078,450 is required on the damaged vehicle due to the above occupational negligence.

2. The facts charged on the market are crimes falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, the victim C expressed his/her intent not to prosecute the defendant on September 6, 2013, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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