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(영문) 광주지방법원 2021.01.28 2020고단5023
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is a person who is engaged in driving a car at BNA.

On September 12:25, 2020, the Defendant driven the said car at a speed of about 50 km per hour, depending on the two-lanes of speed from the land of the E University to the two-lanes of the road in front of the gas station at the city of Naju.

In this case, the defendant, who is engaged in driving, has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to make the traffic situation of the road and the traffic situation of the road safely so that the accident should be prevented in advance.

Nevertheless, the Defendant was negligent in neglecting this and proceeding with the Defendant’s vehicle, and the Defendant’s F (54) was driving by changing it into one lane before the Defendant’s vehicle.

GMW R1200GS The left-hand side of the motor vehicle with the Defendant was received as the front-hand part of the Defendant’s four-dimensional motor vehicle.

As a result, the Defendant suffered from each side of the two sides of the right-side non-gu, which requires approximately 13 weeks of treatment due to such occupational negligence, thereby causing a permanent disability to the bodily function of the victim, thereby causing the said victim to suffer serious injury.

2. The instant case 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 express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

However, according to the records of this case, it is evident that the injured party on January 25, 2021, which was after the indictment of this case, expressed his wish not to punish the accused.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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