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(영문) 대구지방법원 영덕지원 2015.06.03 2015고단33
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving of CPoter cargo vehicles.

On November 21, 2014, the Defendant driven the above cargo vehicle on the 17:37th day of November, 2014, and proceeded with the first line of the 2161 North Yong-gun, Shinyang-do, 2161, at the speed of about 50km from the retail ginseng distance to the new third distance.

It is the first line of the road with no length of the side, and it was difficult at the time to keep the surrounding areas, so there was a duty of care for those engaged in driving service to live well and safely drive the road.

Nevertheless, the defendant was negligent in driving a bicycle in a way that does not keep the front door well, and the victim D (V, 63 years old) who was getting a bicycle on the right side of the front side of the driver's vehicle in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as spine in need of approximately 14 weeks of medical treatment due to occupational negligence as above.

2. The facts charged in the instant 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 express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning

However, according to the records of this case, it is recognized that the victim agreed with the defendant on May 26, 2015, which was after the prosecution of this case, and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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