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(영문) 대구지방법원 안동지원 2017.05.16 2016고단959
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B carren car.

On November 13, 2016, the Defendant, while driving the said car at around 17:25, while driving the said car and driving the said car toward the private distance from the permanent branch of the Nonghyup Bank at the point of residence of the NH Bank, the Defendant failed to discover the victim E (n.e., the 67 years old) who crosses the road to the right side in the left side of the last course when he was negligent in performing his duties, and incurred injury to the victim, such as the pressure pressure of the second conjection for the treatment of the said car for about 8 weeks.

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, and the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents cannot be prosecuted against the victim’s express intent.

According to the records, it can be acknowledged that the victim agreed with the defendant on March 31, 2017, which was after the prosecution and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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