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(영문) 수원지방법원 2020.01.20 2019고정1411
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a passenger car by borrowing the facts charged.

On March 26, 2019, the Defendant driven the above vehicle around 10:40, and driven the side road with no front line C in Suwon-si, the Defendant proceeded at an aesthetic speed toward the direction of the distance from the front line at D childcare center.

In this case, there was a duty of care to take into account the traffic conditions and the left and right of the driver of the vehicle, and to accurately operate the steering and brakes.

Nevertheless, the Defendant’s negligence and negligence in the front room, which led to the death of the Defendant, discovered that the elderly gets a frighter of the road and immediately operated the road, and received the FTluri vehicle of the victim E(FT 28 years old) from the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of a copy of the outside side, which requires approximately four weeks of medical treatment due to the above occupational negligence.

2. The facts charged in the instant case 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 express will of the victim under the main sentence of Article 3(2) of the Act on Special

However, it can be recognized that the victim expressed his wish not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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