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(영문) 광주지방법원 2016.05.31 2016고단1378
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in driving B124cc.

On March 4, 2016, the Defendant driving the upper Hubaon around 19:10 on March 4, 2016, and down from the direction of the mountain village of the Da stations located in Gwangju Mine-gu C.

The way has been changed to the right three-lanes, while driving along the two-lanes from among the three-lanes in the mountain zone to the nine-lanes.

At the time, it is difficult to see the front door at night, and there are frequent traffic of vehicles, so in such cases, the person who drives the front door has a duty of care to inform him of the direction of the change by hand, direction, etc. when changing the course, and to change the course safely and to change the course safely.

Nevertheless, the Defendant neglected this and neglected to change the course to the right-hand three lanes as it was, the Defendant was the victim E ( South, 28 years old) driving the same three-lane in the same direction as the other hand-on.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The facts charged in the instant 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 concerning the Settlement of Traffic Accidents.

The record reveals that the victim explicitly expressed his wish not to punish the defendant on April 20, 2016, which was 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.

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