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(영문) 서울동부지방법원 2016.06.30 2016고정936
교통사고처리특례법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. On November 19, 2015, the Defendant: (a) driven a B rocketing car around 15:30 on November 19, 2015; (b) driven a 62-lane road in front of the training office, as Seoul Songpa-gu, Songpa-gu, Seoul, along the parallel of the Olympic Games, along the four-lanes from the southwest to the parallel of the Olympic Games; and (c) changed the course to the five-lane.

In this case, the driver of a motor vehicle has a duty of care to give notice of change of course to the person engaged in driving of the motor vehicle, and to change the lanes by properly examining the traffic situation before and after the driving.

Nevertheless, the Defendant neglected this and stopped on five-lanes of the Victim C(63) due to occupational negligence, and unloaded the back portion of the victim C(63) to the right-hand side of the Defendant’s vehicle, taking the back portion of the victim’s rocketing taxi, which was moving into the front part of the right-hand side of the Defendant’s vehicle, thereby causing injury to the victim, including approximately three weeks of treatment, and at the same time, damaged the said D Lasta car to cover repair costs of KRW 1,021,098.

2. The judgment is a case that falls 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, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The records show that the victim has withdrawn his/her wish to punish the defendant after the indictment of this case.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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