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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단681
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving C dump trucks.

On March 16, 2013, the Defendant operated a dump truck on the dump truck on the 14:48th of March 16, 2013, and proceeded along the two-lanes near the two-lanes in the two-lanes of the Papju in the direction of the Gumsan-Eup in the direction of the aptitude.

In the same direction, D had a duty of care to prevent accidents due to a person engaged in driving service, such as taking the front door well, properly manipulating the steering gear, etc.

Nevertheless, the defendant was negligent in driving a dump truck as it is and received the rear part of the military vehicle driven by the above D as the front part of the dump truck.

Ultimately, the Defendant suffered damage to the number of trees from the victim F (the age of 20) who boarded the above military vehicle by negligence in the above occupational negligence, thereby causing the victim to become a flag or a flag or suffering from a fatal or incurable disease.

Public prosecution shall not be instituted against the clearly expressed will of the victim in accordance with Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents as a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 268 of the Criminal Act.

However, according to the records, on August 21, 2013, after the institution of the instant prosecution, the victim submitted a written agreement to the effect that he/she would not wish to punish the defendant to this court through his/her defense counsel. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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