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(영문) 인천지방법원 2015.09.24 2015고단3777
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving the D New Scki’s city bus.

On December 20, 2014, the Defendant driven the above city bus on December 20, 2015:05:25, and proceeded at a speed of about 26 kilometers from the walitch base to the walitlet apartment in front of the F cafeteria in Gyeyang-gu Incheon Metropolitan City E.

At the time, there was a new wall and a ice off road, so in such a case, there was a duty of care to prevent accidents due to the failure of pedestrians by reducing speed to those engaged in driving duties, accurately operating the brakes, ensuring safety distance, and ensuring the safety of pedestrians.

Nevertheless, the Defendant neglected this and caused the victim G (30 years of age) who was on the road on the front road due to negligence of driving the body which neglected the front road while neglecting it, to the front part of the above city bus.

Ultimately, the Defendant suffered from an injury by occupational negligence on the part of the victim, under which he was unable to know the number of days of treatment, which is an incurable disease, due to the absence of an open headal wound.

2. The facts charged in the instant case constitute a crime 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 Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

However, according to the records, it is recognized that the victim submitted a written agreement to the effect that he would withdraw his previous wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so ordered as per Disposition.

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