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(영문) 대구지방법원 2018.10.04 2018고단3268
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a passenger car with B low-priced typ.

On April 20, 2018, the Defendant was driving the said two-lanes of the two-lanes on the road of 88-gil-dong, Daegu Suwon-dong, Daegu-do, 15:00 on April 20, 2018, and continued to drive the said two-lanes on the road of the 88-lane.

Since there was an intersection where a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to take into account whether there is a person crossing the road using a crosswalk, and to prevent the accident from spreading by means of bypassing when there is no person crossing the road.

Nevertheless, the defendant did not find the victim C (75) who crosses the road using the crosswalk when the signal of Mad pedestrian traffic is red, and shocked the above victim's blick with the driver in front of the car of the defendant without finding the victim C(75) who crosses the road.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the closure of a saving hole that requires approximately 13 weeks of care.

2. The facts charged in the instant case 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 same Act.

The record reveals that the victim expressed his/her wish not to punish the defendant on August 23, 2018, after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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