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(영문) 광주지방법원 2019.02.14 2018고단3842
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person driving B motor vehicles as his duties.

Around 13:42 on December 11, 2017, the Defendant proceeded to turn to the left from the Dong-dong-ro, Dong-dong, Gwangju Metropolitan City to the right-hand turn in the direction of Dong-dong-dong, and since there are many vehicles passing through the road, a person engaged in driving duties is negligent in neglecting his duty of care to confirm the front left and the rear left, and due to the negligence of the victim D (or 76 years old) who crosses the front of the vehicle running in the direction of the Defendant at the end of the course, and the driver's seat was received from the front of the driver's seat and suffered injury, such as the alley, the upper part of the right-hand back, the upper part of the back part of the back part of the left part of the road.

2. Determination (Dismissal of Public Prosecution) 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 constitutes a crime not prosecuted against the express will of the victim under the main sentence of Article 3(2) of the same Act.

However, according to the written agreement submitted to this court on January 24, 2019, which was after the prosecution of this case, the victim expressed his/her intent not to be punished against the defendant on January 23, 2019.

Thus, this case is applicable when the victim withdraws his/her wish to punish a case which cannot be prosecuted against the victim's explicit intent.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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