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(영문) 창원지방법원 2013.11.07 2013고단1991
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the charge is that the Defendant is driving Bunching vehicles.

On June 11, 2013, the Defendant driven the above vehicle at around 07:25 on June 11, 2013, and moved the street side without the front line of the feudite civil petition center at the window in the Changwon city to the direction of the Goul Apartment apartment at the slope of the feud market.

In such cases, the driver of the vehicle has a duty of care to prevent accidents due to safe driving, such as taking the front side and left side well and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and neglected it to the left side of the Defendant, caused the victim C (the 17-year-old)'s bicycle driving along the bicycle lane that was passed on the right side of the Defendant to the left side from the Defendant's running direction to the left side, and brought the victim's left side bridge to the front side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body felbs on the left-hand side, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

2. The instant facts charged 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, which cannot be punished against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the records, the victim’s intent not to be punished against the defendant by mutual agreement with the defendant on September 30, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of

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