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(영문) 수원지방법원 성남지원 2019.01.31 2018고단2226
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

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

At around 12:50 on June 30, 2018, the Defendant driven the above bicycle, and proceeded directly from the Seoul to the port of view, the apartment lane side of the residential exhibition center located in Sungnam-si B, Sungnam-si.

The road was also the combined use of bicycles and pedestrians. In such a case, since there were pedestrians at the time of the instant case, there was a duty of care to safely drive bicycles and prevent accidents by driving bicycles in advance by examining whether there are pedestrians by thoroughly performing the duty of care for driving bicycles.

Nevertheless, the Defendant neglected to perform his duty of care and neglected to do so and neglected to do so, and received the front wheel part of the bicycle driven by the Defendant, and received the 10 years of age from the front wheel part of the bicycle.

Ultimately, the Defendant suffered injury, such as the closure of the lower end of the aggregate, accompanied by an inner slope, such as requiring approximately five weeks of medical treatment, due to such occupational negligence.

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 will: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On January 28, 2019, after the prosecution of this case, a written agreement stating the victim's intent not to punish the defendant is submitted. D.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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