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(영문) 서울동부지방법원 2016.03.30 2016고정11
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaged in driving a pre-exclusive vehicle with no license.

On April 10, 2015, the Defendant driven a tropon vehicle around 10:00, and driven the front road in Songpa-gu Seoul Metropolitan Government Agricultural and Fishery Products Market D in Seoul at a efic speed from the office of the Republic of Korea to the office of Seoul.

Since there is a large number of pedestrians and the emergence of obstacles are expected, there was a duty of care to prevent accidents in advance by checking and driving the safety of the vehicle with a sufficient distance as the driver of the vehicle well sees the right of the front side and its attitude, the driver of the vehicle has a duty of care.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim E (V, 62 years of age) who was walking on the left side of the moving direction of the foregoing electric vehicle at around that time, and got the victim E (V, 62 years of age) to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as cutting down the right to the right of the complete body of the upper body, which requires approximately eight weeks of medical treatment.

2. The facts charged in the instant 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, 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 is recognized that the victim expressed his wish not to punish the defendant on March 29, 2016, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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