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(영문) 수원지방법원 안양지원 2018.12.20 2018고단1468
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant case is a person engaging in driving Cone Star and its drivership.

On April 18, 2018, the Defendant moved bypass the two-lane roads in the direction of a tunnel, which are 216 parallel roads in order to promote the 2016 Jamail-gu, An Manyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, 216.

At this point, since the road crossing was installed, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents in advance by checking whether there is a person to walk the crosswalk by reducing the speed and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and caused the victim to have the right side of the bicycle driving of the victim D(57) who was a bicycle riding on the left side from the right side of the above crosswalk, a bicycle riding on the left side of the bicycle riding on the right side of the above crosswalk, which caused the victim to go beyond the road due to the shock, and caused the victim to go beyond the road, thereby getting the victim to become a permanent sprink due to damage to the water.

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 express will of the victim under 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 expressed his/her intention that he/she would agree with the defendant after the prosecution of this case and that he/she does not want punishment.

3. According to the conclusion, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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