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(영문) 제주지방법원 2016.04.22 2016고단101
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. On October 30, 2015, the Defendant: (a) driven a rocketing motor vehicle on the road front of the point of the Jeju Bank, which is moving from Jeju Island around 19:10 on October 30, 2015; (b) led the Defendant to the direction towards the private distance from the edge of the literature center.

A person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering and brakes, and to prevent accidents by safely driving the steering and brakes, while living well on the front side and the left side.

Nevertheless, the Defendant did not discover the FK7 vehicles owned by the Victim E Co., Ltd., which were sent by the victim D (60 e.g., South) due to negligence in driving so as to prevent the Defendant from driving, and received the front part of the Defendant’s front part of the vehicle.

In the end, the defendant's negligence caused injury to the victim, such as pain, such as damage to the specific items of scarcity that require treatment for about 2 weeks, and the unknown details of the breast scar, and damaged the damaged vehicle's repair cost of KRW 527,514.

2. The facts charged of this case are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to each agreement between the defendant and the victims, it can be acknowledged that the victims expressed their intent not to prosecute the defendant after the victims filed the instant indictment. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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