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(영문) 대전지방법원 공주지원 2016.04.29 2015고단371
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is engaged in driving of C-wing and high cargo vehicles.

On July 31, 2015, the Defendant driven the above cargo vehicle, which is around 19:45 on July 31, 2015, led to the intersection of the village hall in front of the village hall located in the Do Council-ri, Do Council-si, Do-ri, to the direction of 604 local roads from the direction of the village.

Since this is an intersection, there was a duty of care to ensure the safe operation by accurately manipulating the steering gear and the steering gear before entering the road bypassing the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so, and led to the negligence of going by by bypassing and proceeding the said intersections to the front part of the said cargo vehicle, where the part adjacent to the left side of the victim D(74 ) driving, which was going straight from the direction of the 604 local road, was faced with the Eti 100 Oral Ba.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, i.e., the body felball for the left-hand side, the body felball, and the body felging of the left-hand side.

2. The instant facts charged 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, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim has withdrawn his/her wish to punish the Defendant on March 21, 2016, after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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