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(영문) 인천지방법원 2017.06.07 2017고단367
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving of CRaba and freight cars.

On September 24, 2016, the Defendant driven the above cargo vehicle around 09:00, and driven the road of 102 lanes in front of the 102-lane 102 East-gu, Incheon Metropolitan City, at a speed not to be known by the four-lane distance from the long-distance distance adjacent to the new training station, and changed the lane to the five-lane.

In this case, the driver of the vehicle has a duty of care to prevent accidents due to the failure to change the course when it is likely to impede normal traffic of other vehicles running in the direction to live well on the right side and the right side of the vehicle and change the course of the vehicle.

Nevertheless, the Defendant neglected this and changed the course to five lanes on the side by the negligence of the Defendant’s change of course on the five-lanes by the Defendant’s vehicle behind the Defendant’s vehicle that entered the five-lane course, and the victim D(23 ) who driven by the Defendant’s vehicle behind the Defendant’s vehicle (23 ) is the part on which the Defendant is carrying the left part of the freight to the right side of the Defendant’s vehicle, and was faced with the road boundary, street, etc. by the victim’s vehicle.

As a result, the Defendant suffered serious injury, such as Woo-gu Woo, where the number of days of treatment cannot be known to the victim due to such occupational negligence.

2. The above act 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 explicit 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, it can be recognized that the victim agreed with the defendant on June 7, 2017, which was after the prosecution and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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