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(영문) 서울중앙지방법원 2018.02.09 2017고정3838
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives a bicycle in the instant facts charged.

On July 25, 2017, the Defendant driven the above bicycle on July 20:10, and continued to drive the bicycle lane in front of Gangnam-gu Seoul.

In such cases, a person engaged in driving of bicycles shall accurately operate steering wheels, brakes, and other devices, shall not drive bicycles at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the roads and the structure and performance of the vehicles, and there was a duty of care to ensure that he/she has a duty of care to prevent accidents in advance by driving safely by reporting the traffic situation

Nevertheless, the defendant neglected this and failed to properly manipulate the steering gear, etc., so that the victim D (M, 45) who crossed the bicycle lane was in excess of the front part of the defendant's bicycle.

Ultimately, the Defendant suffered injury to the victim, such as the “abrupted tool on both sides of the inside and outside,” which requires the victim to receive approximately four weeks of medical treatment.

2. The instant 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, 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.

According to the records, it can be acknowledged that the victim agreed with the defendant on November 29, 2017, which was after the prosecution, and thereafter expressed his wish not to punish the defendant in this court. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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