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(영문) 의정부지방법원 2015.12.31 2015고단4120
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving of the B low-priced PP car.

At around 03:00 on January 6, 2015, the Defendant driven the said car, leading to the two-lanes of the Alley-gu in front of the Alley-gu located in 1108 as an Embi-si of the Government of the Republic of Korea, along with the two-lanes from the border university to the intersection of the Empic. Sc.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and the steering system and operating it safely to those engaged in driving duties at night.

Nevertheless, the Defendant neglected this and tried to detect C Dump trucks parked on the right side of the road along which the Defendant driven while driving the dump trucks at the right side of the running direction, and to avoid this, but failed to avoid it, and received the back part of the dump trucks with the front part of the Defendant’s car.

Ultimately, the Defendant suffered a serious injury, such as a 4-5 Rady completion fee, etc., which requires approximately 24 weeks of medical treatment to the victim D (the age of 47) who was boarding the said car due to the above occupational negligence.

2. The judgment is based on the case that cannot be prosecuted against the victim's express intent pursuant to the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, the victim expressed his/her intention not to prosecute the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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