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(영문) 광주지방법원 2018.01.25 2017고단4903
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 vehicle in Category C.

On September 18, 2017, the defendant, around 14:05, proceeded at a speed below the two-lanes in the direction of the sub-high school of sub-peach sub-high school on the side of the third apartment house of the Gwangju Mine District around 14:05.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in such a way as to cause danger and harm to other vehicles by accurately operating the steering direction and brake system, and he/she has a duty of care to prevent accidents from occurring.

Nevertheless, in order to make a right-hand prior to the same direction by negligence, the victim E (41) who stops due to the negligence of driving the vehicle and received the front part of the vehicle that the Defendant drives.

Defendant caused injury to the driver of the victimized vehicle E by negligence in the course of performing the above duties, such as salt panion, tension, etc. in need of approximately two weeks of treatment.

2. Determination of the facts charged 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 express will of the victim pursuant to Article 3(2) of the former Act on Special Cases concerning the Settlement of Traffic Accidents (Amended by Act No. 14277, Dec. 2, 2016).

According to the records, it can be recognized that the victim E withdraws his/her wish to punish the defendant on October 18, 2017, which was after the institution of a public prosecution. 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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