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제주지방법원 2019.07.10 2019고단621
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B-car.

On January 4, 2019, the Defendant driven the said car at around 08:30, while driving the said car, the Defendant continued to drive from C to D the 32-lane at Jeju.

On the right side of the defendant's course, the victim E (the age of 84) was crossing the road to the right side from the left side of the defendant's course, and the right side was narrow, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to take care of the front side and the right side and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so and took part in the front part of the above car with the victim's body, and suffered about 28 weeks of treatment, and the victim suffered about 5 amblings, etc., which require treatment, thereby causing danger to his/her life or being influence or suffering from an incurable or incurable disease.

2. The prosecution of this case is dismissed in accordance with the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim's intent not to punish after instituting

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