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(영문) 대전지방법원 공주지원 2015.04.14 2014고정170
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is engaged in driving freight B.

On September 1, 2014, the Defendant driven the above cargo vehicle at around 17:30, while proceeding the intersection in front of the Life Science High School located in the Shin-dong, Chungcheongnam-dong, in the direction of friendly.

In this case, the driver had a duty of care to maintain the driving distance and the safety distance, and to operate the steering boat and brakes accurately.

Nevertheless, the Defendant neglected this and shocked the victim C(n, 61 years old) driving in the same direction at the front of the defendant's vehicle into the front of the above cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as an infection for about three weeks of medical treatment, due to the above occupational negligence, and at the same time damaged the said car to cover approximately KRW 2,228,697 of the repairing cost.

2. On the one hand, it is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Road Traffic Act. According to the agreement bound in the records, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on April 1, 2015, which is after the prosecution of this case was instituted.

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 for the above reasons.

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