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(영문) 서울동부지방법원 2015.11.05 2015고단1825
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a bicycle.

On May 13, 2015, the Defendant driven a bicycle around 12:30, and proceeded with the bicycle lane near the middlewest of the 75-7 lane in Seongdong-dong, Seongdong-gu, Seoul, by driving a bicycle from May 13, 2015 to the military guard.

At the same time, inasmuch as a white solid line among the roads was one-lane bicycle lane, there was a duty of care to prevent accidents by safely driving the vehicle by safely driving the vehicle by properly operating the front line and the steering gear and operating it to the center right side of the road.

Nevertheless, the Defendant neglected this and went beyond the white domin line on the road, and caused the victim to go beyond the floor on the part of the victim C(59 years old) who passed along the bicycle lane on the part of the bicycle, with the bicycle wheels of the Defendant's bicycle driving.

Ultimately, the Defendant suffered injury to the said victim by the above occupational negligence, such as pressure pressure duplicating for approximately eight weeks of medical treatment.

2. The facts charged in the instant case constitute an offender 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 express intent of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning

However, on October 27, 2015, which was after the prosecution of this case, the victim C submitted an agreement containing an expression of intent not to punish the defendant to this court. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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