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(영문) 서울북부지방법원 2015.06.23 2015고단1208
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving C Village Buses.

On September 20, 2014, at around 15:56, the Defendant driven the above bus on the road in front of the 492 The Nowon-gu Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City Nowon-gu, and tried to proceed approximately 30 kilometers in length, depending on the remote distance from the surface of the set-off elementary school.

Since there is an intersection that can turn to the left at a non-protective level, in such a case, a person engaged in driving service has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

At this time, the victim D (Nam, 14 years of age) driven by the set-off elementary school in a remote distance room according to the straight distance signal was able to receive side parts of the 125CC which was driven by the victim D (Nam, 14 years of age) and caused damage to the victim of less than the closed diversity which could not determine the treatment period.

2. The above facts charged are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

This is also the case where the victim's physical injury under Article 4 (1) 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents causes the risk of life or is influence or influence or influence disease.

However, according to the records, it can be recognized that the victim expressed his/her intention not to be punished against the defendant on May 8, 2015, 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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