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(영문) 창원지방법원 2013.12.10 2013고단2456
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving freight B.

On May 2, 2013, the Defendant was driving the above cargo vehicle around 07:50 on May 22, 2013, and came to enter one lane in order to drive the two-lane road located in the members of the window of Changwon-si, which is located in the boundary of the intersection, along the three-lane distance range from the intersection.

As above, when changing a vehicle vehicle, a person engaged in the vehicle driving duty has a duty of care to operate direction direction etc. to give notice of change of course and to change the vehicle line in the situation of traffic in the front and rear left.

Nevertheless, the Defendant neglected to perform the duty of front and rear left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-on-hand-hand-hand-hand-hand-on-hand-on-hand-hand-on-hand-hand-on-hand-on-hand-on-hand-on-hand-on-hand-

As a result, the Defendant suffered from the injury to the victim due to the above occupational negligence during about 12 weeks of medical treatment.

2. The instant facts charged 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 under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records of the instant case, it can be acknowledged that the victim explicitly expressed his/her intent not to punish the Defendant around October 1, 2013, which is after the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

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