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(영문) 서울남부지방법원 2019.03.19 2018고단6251
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant of the facts charged in the instant case is a person engaged in driving BMW 640 automobiles.

around 12:10 on September 15, 2018, the Defendant was driving for the said car parking while serving as a parking manager at the ground parking lot in Yeongdeungpo-gu Seoul Metropolitan Government Building.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to safely maintain the state of stop of the motor vehicle and prevent the occurrence of the accident by operating the motor vehicle in a case where he/she deserts the driver's seat while driving the motor vehicle.

Nevertheless, the Defendant neglected this, while leaving a flag in a neutral state (N) instead of parking (P), caused the vehicle to be unloaded from the vehicle in front of the said vehicle with a slope, and caused the said vehicle to be pushed down in front of the said vehicle due to occupational negligence, and led the victim D(44 years old) driving on the front side of the said BMW car (hereinafter “victimd vehicle”) to have the victim’s upper part above the left side of the said BM vehicle as the front part of the said BM vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F (V, 43 years old), victim G (13 years old), and victim H (12 years old), respectively, on the part of the victim F (V, 422,350 won for repairing the damaged vehicle. At the same time, the Defendant damaged the damaged vehicle to cover KRW 1,42,350 for repair costs.

2. The offense of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, entered in the instant facts charged, 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, and the offense of violating the Road Traffic Act stated in the instant facts charged is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of

However, after the prosecution of this case, the prosecution of this case was filed on 2019.

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