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(영문) 서울북부지방법원 2017.02.01 2016고정2230
도로교통법위반
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 service of rier.

On June 7, 2016, the Defendant driven a light-line 08:10 on June 7, 2016, and proceeded to the iron-line school of Seoul Special Metropolitan City Nowon-gu on the side side of the front school from the elementary school.

A driver of a vehicle has a duty of care to prevent accidents by driving safely by checking the left and right of the front side of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so at all times, and neglected to do so, caused the part on the front side of the course direction owned by the victim D(30) who was parked on the right side of the direction of the passage to the front side of the direction of the Defendant’s driving.

After all, the Defendant damaged the property that is equivalent to approximately KRW 309,100 of the repair cost of the damaged vehicle due to the above occupational negligence.

2. The judgment is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on January 24, 2017, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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