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(영문) 대구지방법원 2014.04.10 2013고단7014
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in Cump trucks driving.

On October 29, 2013, the Defendant driven the above vehicle at a speed of 12:26, and driven the two-lane road in front of the entrance of the Taedo-gu Busan Northern-dong, which is located in the mountain-do, Daegu-gu, at a speed of no one-lane from the center of the amine distance to the distribution complex.

Since there was a preceding vehicle in front of the vehicle, there was a duty of care to safely operate the brake and steering gear by reducing the speed of the vehicle to the person engaged in the driving of the vehicle and properly operating the brake and steering gear.

Nevertheless, the Defendant neglected this and proceeded by bypassing it, and was driven by the victim D(55 years old) who temporarily stops on the front side of the vehicle operated by the Defendant, with the front right side of the vehicle operated by the Defendant.

Ultimately, the Defendant suffered a serious injury to the victim due to the above occupational negligence by causing approximately 16 weeks of medical treatment to the left-hand side cutting.

2. The judgment below 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. The records show that the victim submitted a written agreement on April 8, 2014, which was after the institution of the prosecution of this case, expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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