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(영문) 수원지방법원 2018.01.24 2017고단7901
교통사고처리특례법위반(치상)
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a person who is engaged in driving Done Star Cargos.

On June 5, 2017, the Defendant driven the above cargo vehicle around 10:00, and proceeded one-lane at the entrance of the 160-4 Twit-ro, a pair-ro, at the time of harmony, from the room of the post office in the Eup of the postal administration, to the 80km-ro, the speed of which is 160-4 square.

Since there is no signal signal, there was a duty of care to prevent accidents in advance by properly manipulating the front door, the left, and the right before the passage of a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it is, due to the negligence of the Defendant, got the victim E (77 years old) who first enters the right side of the above cargo vehicle and turn to the left from the above intersection, and was driven by the victim E (77 years old).

As a result, the Defendant suffered, by the above occupational negligence, the injury to the above victim E during the 16-day medical treatment of slife slife slife slife slife slife slife slife slife slife slife slife slife slife slife slife slife slifes, etc.,

2. Each of the facts charged in this case is a case in which a public prosecution cannot be instituted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 22, 2017, after the institution of the instant prosecution, the victims submitted a criminal agreement of traffic accident that explicitly expresses their intent not to have the Defendant punished.

3. In conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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