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(영문) 춘천지방법원 2015.09.24 2015고단794
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On February 28, 2015, the Defendant: (a) driven bicycles around 10:20 on February 28, 2015; and (b) proceeded with a publicly known bicycle lane (before front line S 10) located in the Chuncheon-si, Seocheon-si, via the airspace of the war memorial hall of Ethiopia, Ethiopia at an insurous speed.

In such cases, the driver has a duty of care to confirm and drive the safety of the path while keeping the right and the right and the right and the right and the right of care.

Nevertheless, the defendant tried to overtake the bicycle driven by the victim B (the 61 year old and female) who was driven by the victim B (the 61 year old and female). The defendant's bicycle front and rear wheels part of the victim's bicycle, which caused about 12 weeks of treatment to the victim.

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 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 record, the victim’s expression of intent not to prosecute the defendant on July 17, 2015, which is the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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