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(영문) 대구지방법원김천지원 2020.10.15 2020고단507
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person who is engaged in driving freight B and B.

On February 14, 2020, the Defendant driving the above cargo vehicle around 09:07, while driving the two-lane road in front of the headquarters D Kimcheon-si, Kimcheon-si, and driving the two-lane road in front of the headquarters in the Gyeongcheon-si, Kimcheon-si.

Since there is a road with a crosswalk on which pedestrian signal is not installed, there was a duty of care to safely drive the driver of the motor vehicle by accurately manipulating the front line and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and got the victim E (the age of 63) who was a victim E (the age of 63) who dried up the crosswalk from the intermediate point of view to the seat of D head office from the seat of the Kimcheon-Public Bus Terminal, which was negligent in proceeding immediately as it was.

Ultimately, the Defendant suffered injury to the victim, such as the fresh of a shoulder that requires approximately eight weeks of medical treatment due to the foregoing occupational negligence, damage to the fresh and power rope.

Judgment

The facts charged of this case 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 cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases

Since the victim expressed his intention not to punish the defendant after the prosecution of this case, 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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