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(영문) 대전지방법원 천안지원 2019.03.29 2019고단255
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Defendant who is engaged in driving service of the Grandroth.

On October 27, 2018, at around 08:25, the Defendant proceeded along one lane between the two lanes located at the 263.2km located in the direction of Masan Highway.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by driving the motor vehicle on the front side and securing a safe distance with the preceding motor vehicle.

Nevertheless, the Defendant neglected this and failed to keep the front door well and failed to secure the safety distance, and caused the collision between the back part of C Driving D's D's low-speed car which was stopped prior to the driving of the Defendant, due to the occupational negligence, while driving the road at the same time.

Ultimately, the Defendant suffered serious injury to the victim E (the age of 67) who was accompanied by the above occupational negligence, such as scambling and scambling damage in need of medical treatment for more than one year.

2. The instant facts charged constitute a crime 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 thus, 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. According to the agreement and the statement of the written application, the victim expressed his/her intention not to be punished against the Defendant on March 21, 2019, which was the date the instant prosecution was instituted, and thus, the instant prosecution is dismissed pursuant to Article 327

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