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(영문) 서울동부지방법원 2018.10.12 2018고단2224
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant (ju) is a person engaging in driving coos car in D owned by ELC items.

On July 28, 2016, around 06:35, the Defendant operated the front road of Gangdong-gu Seoul Metropolitan Government E at a speed of about 20km in the direction of the Olympic Winterheading from the Ycudle to the Olympics.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant neglected this and proceeded with the victim F(46) who is crossing the crosswalk without signalling, etc. on the right side of the Kusa car.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as an unexploitive pulse pulse, during the treatment days.

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.

However, according to the records of this case, it can be acknowledged that the victim expressed his/her intention not to be punished against the defendant on September 18, 2018, which was after the prosecution of this case was instituted (see the self-agreement on September 18, 2018). 3. Accordingly, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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