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(영문) 광주지방법원 2018.09.13 2018고정743
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant case is a person engaging in driving a car Btete.

On April 21, 2018, the Defendant driven the above car at around 17:00 and made a left turn to the left turn to the green, etc. at the intersection near the light 31-12 at the Don-dong 31-12 at the Hanju City City.

In such cases, any person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive a motor vehicle at such speed or in such a manner as may cause any danger and injury to others, depending on the road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and went to the right turn to the left at the right end of the vehicle due to the negligence of the Defendant’s failure, which led the victim C(53) driving, who was going to the right turn to the right turn to the right end of the vehicle.

As a result, the defendant's occupational negligence caused injury to the above victim C, such as salt, tensions, etc. in the field of the dog booming pipe that requires approximately 3 weeks of medical treatment, injury to the victim E (V, 53 years of age) boarding the above rocketing car, and injury to the victim FF (24 years of age) that requires approximately 2 weeks of medical treatment.

2. The offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) stated in the facts charged in the instant case is a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act.

However, according to each of the “Agreement on Automobile Accident” submitted by the Defendant to the court on July 9, 2018, which was after the instant indictment, and the “Agreement on Automobile Accident, such as Motor Vehicles,” submitted on August 31, 2018, the victim C.

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