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(영문) 창원지방법원 2020.11.11 2020고단2656
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a person engaging in driving a B-learning car.

On January 23, 2020, the Defendant driven the above vehicle at around 03:37, and driven the road at the center of the window of the Changwon Office of Education No. 228-ro 3 Changwon Office of Education, along three lanes.

At the time, it was night and rained, and there was a road at the speed of 60km, so there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who has a duty of care to safely drive the motor vehicle by reducing a speed of not more than 48km per hour and by properly examining the right and the right of the road.

Nevertheless, while proceeding about 52 km in time, the Defendant did not discover the victim C (Nam and 32 years of age) who cross the above road from the right side to the left side by negligence, while neglecting the front line, and did so, the victim was forced to go beyond the above road.

As a result, the Defendant suffered injury to the victim, such as 20 weeks of occupational negligence, such as sexual fladism, less than fladism, fladism, and fladism, which require medical treatment.

Judgment

(a) Crimes of non-compliance (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. After the prosecution of this case, the victim expressed his intention not to punish him (the receipt on November 5, 2020)

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

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