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(영문) 청주지방법원 2017.11.10 2017고단449
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving of B-B cargo vehicles.

On October 28, 2016, the Defendant driven the above cargo vehicle on October 13:35, 2016, and turned down the front distance of the petition C and D, “D,” from the 2,000 intersection, at a speed of 47-48 km each hour from the 2,000 intersection, toward the direction of the public interest.

Since the point at which the above accident occurred is frequently on-and-off with a yellow view, there was a duty of care to drive safely by putting on the front, left, and right and right while driving, and accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and proceeded on the left side of the above cargo vehicle's driving bicycle of the victim E (83 ) who passed a shooting distance from the left side of the above cargo vehicle's driving direction to the right side of the crosswalk and caused the victim to take the front side of the above cargo vehicle and use the bicycle on the floor.

Ultimately, due to the above occupational negligence, the Defendant suffered serious injury, such as cutting cage cage cages, fages of fages, the closure of pelviss, damage to pelums, and the brain damage of an infertility, which require approximately 12 weeks of treatment.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On October 13, 2017, after the institution of the instant indictment, a written agreement stating the victim’s intention not to punish the victim was submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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