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(영문) 수원지방법원 2018.11.27 2018고단5046
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On March 2, 2018, the Defendant: (a) was engaged in driving D New Zealand XG automobiles; (b) was driving a two-lane road in front of the wife population E on March 2, 2018 on the front side from the front side of the road.

The Defendant was negligent in failing to perform the duty of care to properly operate the operation and steering gear, etc., and to care well before and after the direction of the operation, and thereby neglecting the duty of care, and thereby passing the road to the left side from the direction of the course to the left side of the road. The Defendant’s driving New franchise GX was the part of the driver in front of the vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during which part of the function of the victim (determination, internal appraisal, and appraisal) was lost.

2. This part of the facts charged pertaining to the determination of dismissal of a public prosecution falls under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and thus, cannot be prosecuted against the victim’s explicit intent under the same paragraph

The record reveals that on November 19, 2018, after the prosecution of this case was instituted, a written agreement containing the content that the injured person was not punished against the defendant was submitted to this court.

3. According to the conclusion, 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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