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(영문) 수원지방법원 2013.08.22 2013고정1935
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 13:35 on March 18, 2013, the Defendant driven a bicycle to drive a bicycle at the speed of less than 10 kilometers per hour from the direction of Osan City to the direction of Osan City. In such a case, a person engaged in driving service has a duty of care to check the front left left and proceed well after checking the safety of the course.

Nevertheless, the Defendant neglected this and did not discover the victim B (the age of 74) and shocked the victim on the front side of the bicycle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent. Since the victim did not want to be punished against the Defendant on July 26, 2013, which was after the instant indictment, on the grounds that the victim did not want to be punished against the Defendant, the instant prosecution is dismissed pursuant to Article 327 subparag.

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