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(영문) 대구지방법원 김천지원 2013.03.14 2013고단66
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a person who is engaged in driving a B M&A car.

On November 16, 2012, 16:45, driving the above car, leading to the Dongdaemun-gu Center in the Gu-U.S. Along with the Dong-gu Center, which is located in the Gu-U.S. A., it moved from the f1st stop to the front of the J. J. J. J. J. J. J. B. to the front of the road.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to avoid changing course when it is likely to impede normal traffic of other motor vehicles running in the direction of changing course.

Nevertheless, the Defendant neglected this and went to the left-hand side part of the instant car by driving the victim C(35 years old) of the victim C (35 years old) who took one-lane in the lusium room from the lusium room by negligence of changing the course as it was.

The Defendant suffered injury to the above victim by negligence in the course of business, such as fluoral salt, which requires approximately two weeks of medical treatment.

B. It would impair its utility by destroying and damaging an area equivalent to KRW 418,00,00 for repair costs due to an accident, such as the preceding paragraph of that city border.

However, the facts charged of this case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and 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 of this case, it is evident that C withdraws his wish to punish the defendant after the victim was prosecuted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6)

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