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(영문) 창원지방법원 통영지원 2019.08.28 2019고단716
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of B, C, and III cargo vehicles.

On May 9, 2019, the Defendant driven the above cargo vehicle on the 16:36th day of May, 2019, and led the front of the D cafeteria to the E elementary school from the cromatic distance.

The driver had a duty of care to prevent accidents in advance by driving safely while accurately operating the steering boat and brakes well, and operating the steering boat and brakes.

Nevertheless, the Defendant neglected to do so, and neglected to do so, thereby making the victim F (the 58 years old) who was cleaning the cafeteria in front of the above cafeteria in front of the direction of the Defendant’s proceeding and was in front of the above Ⅲ in front of the above cafeteria.

Ultimately, the Defendant suffered injury to the victim, such as a flag, which requires approximately 14 weeks of medical treatment due to occupational negligence.

2. The determination of this case is an offense 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 shall not be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act

On August 27, 2019, after the prosecution of this case, a written agreement indicating the victim's intent not to punish the defendant was submitted to this court.

The public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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