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(영문) 광주지방법원 2020.09.08 2020고정763
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person driving B roller Construction Machinery.

On June 17, 2020, the Defendant driven the above vehicle at around 08:00, and turned down at a speed of about 5 km per hour at the time of the road works site for the ambropian road located in the Southern-gu Seoul Metropolitan City.

It is a road construction site where a large number of vehicles pass, and in such cases, there is a duty of care to prevent accidents in advance by checking whether there is a vehicle that proceeds in the future by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected to do so and proceeds behind the vehicle above the marine by negligence.

The part of the dump truck fronter part of the dump truck drivened by the victim C(53 years old) was followed by the above roller construction machinery.

Ultimately, the Defendant suffered injury to the above victim, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and at the same time damaged the Defendant’s repair cost of KRW 1,971,000.

2. Under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, any indictment against the explicit will of the victim shall not be instituted.

However, according to the records, since the above victim submitted an application for no punishment stating that he does not want the punishment against the defendant after the prosecution was instituted, and withdrawn his intention of punishment, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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