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(영문) 전주지방법원 2020.01.16 2019고단770
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving service of the Grandroth.

On September 30, 2018, the defendant, around 19:20, had D's front roads located in the Yeongju-gun C, in the direction of E elementary school from the Myeon-dong Eup office.

At the time, there are nights, and there are roads leading to the F elementary school and access roads to the village, and there are speed signs, so the driver of the motor vehicle has a duty of care to thoroughly see the right and the right while driving the motor vehicle and safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim G (main and 45 years old) on the road due to negligence, and received the victim from the front part of the above van that the Defendant drives.

Ultimately, the Defendant suffered from serious injury to the victim due to the above occupational negligence by causing less than six months injury to the victim, such as cerebral brain damage, which does not have any wife in an open room.

2. The facts charged in this 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 shall not be prosecuted against the will expressed by the victim under the main sentence of Article 3 (2) of the Act on Special Cases concerning

However, according to the criminal agreement bound in the records of this case, it is apparent that the victim withdrawn his/her wish to punish the defendant on October 17, 2019, which was after the institution of the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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