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(영문) 청주지방법원 제천지원 2015.07.21 2015고단58
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a bicycle.

On August 27, 2014, at around 18:35, the Defendant driven the above bicycle, leading the front road of the citizen center, which is located in the center of the city of Ycheon-si, to the front intersection from the center of the intersection.

At the time, there was a person who is getting off the crosswalk, so that the bicycle driver had a duty of care to safely drive the bicycle by avoiding people by accurately operating the steering gear and brakes while driving the bicycle.

Nevertheless, the Defendant neglected to keep the front of the bicycle, and caused the negligence of driving the bicycle to the right side of the victim C(69 years of age) who driven the bicycle as it was due to the negligence of driving the bicycle on the right side of the road.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. of the finites that require treatment for about five weeks.

2. We examine the judgment. The facts charged of 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, which cannot be prosecuted against the victim's express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. Since a document stating that the victim does not want punishment after the indictment of this case was submitted to the court, the prosecution of this case is dismissed in accordance with Article 327(6)

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