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(영문) 울산지방법원 2016.01.15 2015고정1843
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a horse.

On August 6, 2015, the Defendant driven a light train around 16:00 and led to the left turn to the left at the front side of the Hasan Agricultural Cooperative, the Hasan-si, the Hasan-si, the Hasan-si, the Hasan-si, the Hasan-si.

In such cases, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle can live well on the right and the right and the right and the right of the motor vehicle and safely drive the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and was parked in the reverse direction in the front side of the Seoul Agricultural Cooperative of the subordinate country, and was placed with the wheels of the Defendant's driver's D's driving on the right side of the passenger car.

As a result, the Defendant damaged the property to cover KRW 1,417,048, such as the front part of the damaged vehicle due to such occupational negligence.

2. The instant facts charged constitute a crime falling under 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 Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records of this case, the victim may recognize the fact that he/she expressed his/her wish not to punish the Defendant on December 22, 2015, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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