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(영문) 수원지방법원 안산지원 2013.05.22 2013고정497
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving a Brane car.

On September 23, 2012, the Defendant driven the above vehicle around 13:45, and proceeded at a speed of about 30-40 kilometers per hour from the Jeju Jeju Jeju Island, which is located in the Sinsi-dong of Sinsi-si, the front 1:08, at the speed of about 30-40 kilometers per hour, along two lanes from the west Island.

In such a case, when the driver of any motor vehicle follow the motor vehicle behind the motor vehicle traveling in the same direction, the driver of any motor vehicle has neglected his/her duty of care to ensure a distance necessary to avoid any collision with the motor vehicle traveling ahead of it and has operated the motor vehicle without securing a safe distance. The victim C (the victim 31 years old) who proceeded ahead of the same motor vehicle driving ahead of the motor vehicle due to the driver's negligence after driving the motor vehicle on the left side of the motor vehicle driving by the victim C (the victim 31 years old) after driving the motor vehicle in the same direction, and caused the victim C to suffer from the injury of the fluoral salt, etc. requiring approximately two weeks of medical treatment, and the victim E (the victim 52 years old) suffered from the injury of the fluoral salt, etc. requiring about three weeks of medical treatment.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

(c) Expression of intention not to punish: A written agreement dated March 18, 2013, which was after the institution of this case was indicted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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