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(영문) 창원지방법원밀양지원 2020.09.22 2020고단149
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a BFH 6 x 2 Track.

On December 24, 2019, at around 05:36, the Defendant driven the Track Track Track-do 28k-do 28k Busan At the Busan At the Busan At the Dok-do 38k-do 28k-do along the two-lanes.

At the time, it was difficult to look around a new wall time. In such a case, there was a duty of care to reduce the speed for persons engaged in driving motor vehicles, and to accurately manipulate the brake and steering gear, thereby preventing accidents.

Nevertheless, due to the negligence of neglecting this, the Defendant failed to discover a 4.5 ton early 4.5 tons of the Ethn, which was driven by the victim D (ma, 63 years old) who was parked near the road due to the preceding accident of marina, and received the follow-up of the said truck on the front side of the track driven by the Defendant.

Ultimately, the Defendant suffered a serious injury to the victim due to the above occupational negligence, such as the backshore of the 14 weeks of medical treatment, and the damage to the water surface.

2. The facts charged of the judgment is an offense 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 cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act

According to the records, the victim expressed his/her wish not to punish the defendant to this court after the institution of prosecution.

3. Conclusion, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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