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(영문) 대구지방법원 2013.03.14 2012고단6873
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the person who is engaged in driving of Bone Star car.

On August 4, 2012, the Defendant driven the said car on August 4, 2012, and moved ahead of the road in front of the Mannode cafeteria-dong, Daegu-gu, to the Grand Flag from the side of the Daebong-gu Public Security Center.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the front and rear left well and the steering gear accurately.

Nevertheless, the Defendant neglected this and received the bicycle front portion of the victim C (A, 57 years old) driving, which was going to the right side of the Defendant’s running direction by the negligence of bypassing it, from the right side of the said car.

As a result, the Defendant suffered injury to the victim from an occupational negligence, i.e., a brupt of a dub that requires approximately eight weeks of medical treatment.

However, the facts charged in this case 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, and cannot be prosecuted against the victim's explicit intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records of this case, it is recognized that the victim C has withdrawn his/her wish to punish the defendant on February 27, 2013 after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It

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