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(영문) 서울동부지방법원 2020.09.25 2020고단2882
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the business of driving bicycles.

On June 9, 2020, at around 20:30, the Defendant neglected to 478 Han River on the bicycle lane in Songpa-gu Seoul Metropolitan City, Han River Citizens Park, and proceeded close to the preceding bicycle, due to the negligence that the victim B (the 30-year old age), who was driving in the same direction, tried to proceed to the left-hand side of the bicycle driven by the victim B (the 30-year old age), and had the victim go beyond the ground.

As a result, the defendant suffered injury to the victim, which requires about 12 weeks of medical treatment.

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

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Article 327 subparagraph 6 of the Criminal Procedure Act shall be submitted with a criminal agreement stating the victim's declaration that he/she does not want punishment

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