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(영문) 창원지방법원 2013.05.08 2013고단16
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a bicycle driver.

On September 12, 2012, at around 08:05, the Defendant driven the above bicycle, and driven the trigular distance in the Changwon-si, Sungwon-si toward the parallel direction from the parallel parallel parallel parallel from the parallel parallel distance to the parallel parallel from the parallel parallel.

In such cases, a bicycle driver has a duty of care to prevent accidents, such as checking and driving the safety of the course by checking well the right and the right and the right of the bicycle driver, if he/she is forced to drive in the reverse direction.

Nevertheless, the Defendant neglected the above duty of care and went into the right side from the left side of the running direction to the right side of the bicycle, namely, the victim C(38 years old) driving on the right side of the bicycle.

As a result, the above victim suffered a brupt and a brush to the left-hand side in need of treatment for about six weeks.

2. In light of the judgment, the above 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the agreement bound in the records, it is recognized that the victim expressed his/her intention not to be punished against the defendant on March 12, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6

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