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(영문) 서울북부지방법원 2020.02.06 2020고정30
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in bicycle riding.

On October 23, 2019, at around 19:30, the Defendant had a duty of care to change the course in a safe way by properly examining the course and traffic situation in order to prevent interference with the progress of the vehicle in the direction that is intended to change when he/she intends to change the lane.

Nevertheless, the defendant neglected this and provided an act of causing contact to change the course into one lane, and the victim D driving in the same direction is being driven by the victim D in the same direction.

Hands were fast up to the right side of the floor.

The Defendant inflicted an injury on the victim by negligence in the course of performing the above duties, such as “infection, tension, etc.,” which requires approximately three weeks of treatment.

2. The judgment 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 Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the records, it is recognized that the victim expressed his/her wish not to punish the defendant on January 6, 2020 after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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