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(영문) 대구지방법원 서부지원 2020.06.23 2020고단436
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a bicycle.

On October 14, 2017, at around 08:10, the Defendant driven the bicycle and proceeded to the B market on the side of the merchant's Public Security Center at the monthly park located in the 24-18 upper-ro, Seogu, Daegu-gu.

At the time, it is a park that goes through many people. In such cases, there was a duty of care to prevent accidents in advance by driving a bicycle safely, such as driving a bicycle with a view to driving a bicycle.

Nevertheless, the defendant neglected to do so and caused the victim to go beyond the floor by shocking her m, her m, who was walking in the front line of the defendant C (74 years of age) with the upper part of the above bicycle.

Ultimately, the Defendant suffered approximately 16 weeks from the above occupational negligence to the right side of the victim who is in need of treatment.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (a written agreement is submitted on June 10, 2020, which states that the victim does not want the punishment of the defendant after the institution of the public prosecution in this case).

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