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(영문) 광주지방법원 2016.11.22 2016고정1328
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is engaged in driving the BD car.

On May 24, 2016, at around 16:29, the Defendant started parking in front of the D cafeteria located in Seo-gu, Seo-gu, Gwangju.

In such cases, there was a duty of care to prevent accidents by safely moving back to the driver who is engaged in driving service with due care.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle, and received the front part of the E-A-to-pur vehicle, which was parked behind the vehicle following the Defendant’s driving vehicle, as the rear part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered from the victim F (n, 57 years of age) who was on board a damaged vehicle due to the above occupational negligence, such as “a shoulder and the arms,” which requires approximately two weeks of medical treatment.

2. The facts charged for the determination of this hour is an offense 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 shall not be prosecuted against the express will of the victim under the main sentence of Article 268

However, according to the records, it is recognized that the victim expressed his wish not to punish the defendant on October 28, 2016, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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