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(영문) 광주지방법원 순천지원 2017.08.10 2017고단1062
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving a vehicle QM5 vehicle.

On February 14, 2017, the Defendant driven the above car at around 19:25, and led to the running of the said car at a speed near the Yanyang-si, the road located in the area of the Yanyang-si, the area of the Yansan-si, to the direction of the office of the area of the Yansan-si, the area of which

At the time, there was no separate delivery, so there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service of a motor vehicle is in walking along the way to reduce the speed and to see well.

Nevertheless, the Defendant neglected this and did not discover the victim D who was walking on the right side of the road without reducing the speed, and did not get the victim to go beyond the ground by driving ahead of the said vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as a dushe, which requires medical treatment for about four months.

2. The facts charged in the instant case constitute 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 cannot be prosecuted against the victim’s express intent under Article 3(2) of the same Act.

Therefore, the instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, as it was submitted to this court on July 26, 2017 by an agreement that contains an expression that the injured person does not want the punishment against the accused.

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