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(영문) 광주지방법원 2020.05.26 2020고단341
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 engaging in driving a rocketing car.

At around 13:00 on December 4, 2019, the Defendant proceeded along the two-lanes of the front road in Gwangju Northern-gu C in the direction of the private library, such as the cultural distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving a motor vehicle, such as taking the front door and left door well, accurately operating the steering and brake system, etc.

Nevertheless, the defendant neglected this and proceeded with the left side of the vehicle of the defendant's driver's vehicle as the front side and the right side of the victim E, who is a pedestrian crossing the road from the left side of the defendant's moving direction to the right side.

Ultimately, the Defendant caused a serious injury to the victim by the above occupational negligence by cutting down kne under the right kne, due to the pressure damage, etc.

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, which cannot be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, since the victim E expressed his/her intention not to punish the defendant through the written agreement dated February 12, 2020, which was after the prosecution of this case, the above indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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