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(영문) 춘천지방법원 속초지원 2018.11.14 2017고단498
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving a car with Ctea.

On September 23, 2017, the Defendant driven the above car on September 23, 2017, and led to turn to the left at the front of the E-distance D from the right side of the Gu Office at the early night.

At that time, there was an intersection where traffic control is not carried out, so in such a case, there was a duty of care to confirm whether there was a vehicle that is proceeding on the opposite vehicle line and to turn to the left prior to the left-hand turn on the driver of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting this and driving by the Victim F(41) who is going to go directly from the direction opposite to the direction of the defendant's proceeding.

The front part of the G Otoba is received from the defendant's rear part of the vehicle.

Ultimately, the Defendant suffered serious injury to the victim due to the foregoing occupational negligence, such as recognition and language disorder caused by the blood transfusion, decline in the performance of daily life activities, malfunction in the inside and outside the dynamic function, etc.

2. Determination

(a) Crimes of non-violation of intention (Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. On January 5, 2018, after the institution of public prosecution, the victim submitted a written agreement and a written confirmation of non-performance of traffic accident punishment to the effect that he/she does not want punishment (in light of the victim’s condition shown in the investigation before the judgment, it is reasonable to deem that the victim’s intention not to punish as stated in the written agreement is based on the victim’s genuine intent, in light of the following: (a) although the victim was unable to fully recover his/her ability to become aware of the victim; (b) although the victim was unable to fully recover his/her ability to become aware of the victim; and (c) the victim’s certificate of seal impression attached to the written agreement, etc.

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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