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(영문) 청주지방법원 2015.06.26 2015고정296
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a car in the Dti-gu bill.

On January 11, 2015, the Defendant driven the above car on the 18:57th day of January 11, 2015, which led to the progress of the 1035 Oun Chang-gu Airport, Chang-gu, Chang-gu, Seoul, to the Jinong-gu Airport.

At the time, since it is night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly performing the duty of prior care.

Nevertheless, when the defendant neglected to do so by negligence, he received the victim E (the age of 56) who was unauthorized crossing from the right side of the defendant's running direction to the left side of the defendant's running side, as is, from the front side of the defendant's vehicle.

Ultimately, the Defendant suffered a serious injury that may cause a permanent intelligent disability and recognition disorder, such as brain injury requiring approximately eight weeks of medical treatment due to such occupational negligence.

2. The determination of this case is an offense 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 express will of the victim under the main sentence of Article 3(2) of the Act

However, according to the provisions of the Automobile Accident Compensation Agreement, the time when the agreement was made after the victim was prosecuted is the time when the agreement was submitted to the investigation agency or the court.

such a declaration of intent that the defendant does not want to be punished may be recognized.

The defendant asserts that he is not guilty, but does not proceed to the judgment of substantial nature, and is dismissed.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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