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(영문) 의정부지방법원 2013.06.18 2013고단863
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving BNF stations or other automobiles.

On December 28, 2012, the Defendant driven the said car at a speed of 13:50 on December 28, 2012, and made the turn to the left at a speed of e.g., the intersection of the “finch distance of the new iron source” located in the new iron system of the atman-gu, Seoul Special Metropolitan City.

At this point, the signal apparatus is an intersection of normal distance, so in such cases, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals.

Nevertheless, the Defendant, while making a left turn according to normal signal, conflicts with the negligence in the course of duty, which does not safely drive while keeping the front left left well, and the part of the DSS5 car driven by the victim C(the age of 30) who is standing in the atmosphere of the signal at the time, with the front part of the driver's seat in the Defendant vehicle.

As a result, the Defendant suffered from the injury of the victim C, such as “slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slicks

2. The defendant violating the Road Traffic Act shall operate the above vehicle.

The occurrence of the same accident as described in the above paragraph 1 caused physical damage of KRW 810,916 for the repair cost of the damaged vehicle DSS5 car driven by the victim C.

2. Determination and conclusion conclusion, the facts charged of the instant case are crimes falling 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, which 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 victims of March 7, 2013, after the institution of the instant indictment, shall be punished against the Defendant.

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