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(영문) 대구지방법원 김천지원 2019.09.19 2018고단222
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is a person who is engaged in the operation of B Poter freight vehicles.

On September 2, 2017, the Defendant driven the above cargo vehicle around 05:50 on September 22, 2017, and driven the two-lane road in front of the Gumisisisi District, along the two-lanes of the Dacellppp oil station in front of the Gumisisi.

At that time, there are many traffic volume of ordinary vehicles, and in such a case, the driver has a duty of care to safely operate the steering and steering system by accurately manipulating the steering and steering system.

Nevertheless, the defendant neglected this and got the back part of the bicycle driven by the victim F (58 years old) who was driven by the victim F (58 years old) who was under way due to negligence, to go beyond the ground by taking the back part of the bicycle driving on the right side of the cargo of the defendant.

Ultimately, the Defendant suffered from a serious injury due to the above occupational negligence, such as an external cerebrovascular surgery that requires approximately eight weeks of medical treatment, T1’s frame, the lower part of the shore, the heart dystroke, the heart dystrophism, the dystrophism, the blood dystrophy, the gystrophy, and the open upper part of the snow dystrophy, thereby causing a trouble in recognition function and walking.

However, the facts charged in this case are those 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 do not fall under any subparagraph of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus cannot be prosecuted against the express will of the victim under Article 3(2) of

However, on September 11, 2019, the victim expressed his/her intent not to punish the defendant after the prosecution of this case.

Therefore, 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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