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울산지방법원 2015.09.08 2015고단1572

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On May 19, 2015, the Defendant: (a) around 21:00 on May 19, 2015, driven the front road of the Dental in Ulsan-gu, Ulsan-gu, along the bicycle, from the northwest to the new triangulation distance.

In such cases, a bicycle driver has a duty of care to ensure that a person engaged in driving of the bicycle safely drives the bicycle in a safe manner by taking the traffic situation into account and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to report the Victim E, which was leading the Mara in the front bank, by negligence.

In part of the left-hand hand, the part of the victim's right-hand side was shocked.

Ultimately, the Defendant suffered injury, such as a cage cage 11 on the right side, which requires approximately four weeks of treatment due to the above occupational negligence.

2. Public prosecution of this case shall not be instituted against the clearly expressed will of the victim under Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which falls under Article 3 (1) of the same Act or Article 268 of the Criminal Act.

However, according to the records, it can be acknowledged that the victim expressed his/her intention not to be punished on or around July 8, 2015, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.