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(영문) 대전지방법원 홍성지원 2014.05.14 2013고단987
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaged in driving a rocketing car.

At around 19:40 on October 30, 2013, the Defendant driven the above car and proceeded ahead of the Chang Cancer bus platform, which is located in the west of Bosa-si, Bosa-si.

At the time, at night and where there are urban bus platforms, there are duty of care to prevent accidents in advance by accurately operating the steering direction and operating system of the vehicle and reducing the speed of the vehicle, and driving the vehicle safely.

Nevertheless, the defendant neglected this and proceeded with the victim D (the age of 27) who was crossing the road due to the bus stopped in the opposite direction to the progress of the defendant, which was driven by the negligence of the defendant.

As a result, the Defendant suffered injury to the victim, such as the deprivation of her body of abandonment, which requires approximately 16 weeks of medical treatment due to the above occupational negligence.

Judgment

The facts charged are crimes falling under Articles 3(1) and 268 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the victim's express intent under the main sentence of Article 3(2) of the same Act. According to the agreement submitted by the defendant to this court on May 14, 2014, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant after filing the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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