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(영문) 광주지방법원 목포지원 2015.11.12 2015고정389
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving a BAB car.

On April 10, 2015, the Defendant driven the said car on April 21, 2015, and led to the driving of the said car in front of the D cafeteria, which is located in Fagpo City C, to the center from the Hagsan.

At night, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle safely by checking well the right and the right of the driver.

Nevertheless, the defendant did not find out the victim E (n, 8 years old) crossing the above road toward the port from the right side of the defendant's course due to negligent negligence, and had the victim go beyond the road on the front side of the above vehicle.

After all, the Defendant suffered a variety of difficulties in treating the victim about two weeks due to the above occupational negligence.

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

According to the records of this case, it is recognized that the victim agreed with the defendant 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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