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(영문) 광주지방법원 해남지원 2015.11.12 2015고단382
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving of D vehicles.

On August 15, 2014, the Defendant driven the above vehicle on August 12:5, 2014, and proceeded from the Jinsan-ri side to the reclaimed land of the Jinsan-ri.

At the time, the location is an intersection where traffic is not controlled, so in such cases, a person engaged in driving service has a duty of care to drive when checking whether there is a vehicle crossing by reducing the speed or temporarily stopping.

Nevertheless, while the Defendant neglected to do so and proceed directly, it was left from the left side of the direction of the Defendant’s proceeding to the location of the back and did not discover the FF truck of the victim E (ma, 60 years old) who entered the said intersection, and the part, etc. in front of the right side of the said cargo vehicle was shocked by the front side of the Defendant’s driving vehicle.

The Defendant suffered from serious injury, such as laba, etc., due to damage to laba caused by laba that caused the victim’s external cerebral cerebral leba.

2. The grounds for dismissing public prosecution are the 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 the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents cannot be prosecuted against the victim’

However, since the victim submitted a written agreement to the effect that he does not want to punish the defendant after filing the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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