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(영문) 광주지방법원 목포지원 2019.07.05 2019고단98
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving of B excavation search vehicles.

On December 7, 2015, the Defendant driven the above vehicle at around 10:00, while driving the vehicle at a speed of 1:0,00, the Defendant proceeded at the right speed from the side of the building to the right side of thewest side of the building.

Since there are many places near the crosswalks where people's passage is frequent, in such a case, there was a duty of care to reduce the speed and to safely drive the vehicle by properly examining the front and rear sides.

Nevertheless, the Defendant neglected this and did not look at the front side properly, caused the victim F (n, 48 years old) who was going to port from the right side of the defendant's running direction to go beyond the floor by taking the victim F (n, e.g., the 48 years old) with the above clicker vehicle, and led the victim to go beyond the floor and over the bridge of the victim.

Ultimately, the Defendant caused the victim to suffer serious injury, such as losses on the right bucks in annual installments, caused by the pressure bucks to the right.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

C. On February 27, 2019, after the prosecution of this case, a written agreement stating the victim's intent not to punish the defendant was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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