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(영문) 부산지방법원 동부지원 2014.02.05 2013고단3126
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a passenger car by re-izing the facts charged.

On August 16, 2013, the Defendant driven the above car at a speed of about 40 km from August 16, 2013, and proceeded from the ethic road to the ethic intersection of the ethic road in Busan, Daegu, Busan, at a speed of about 40 km from the ethic road to the ethic intersection of the ethic road.

At that time, the Defendant followed the DK7 car driven by the victim C(60 years of age) prior to the same direction. In such a case, the Defendant had a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle was well aware of the situation; and (b) securing a safe distance to avoid a stop of the motor vehicle; and (c) driving the motor vehicle.

Nevertheless, the Defendant neglected this and found it late to stop the vehicle due to the vehicle stop signal at the front section by negligence while driving the vehicle in the vicinity of the above K7 vehicle. However, the Defendant did not stop the vehicle, but did not stop the vehicle, and did not shock the part of the front part of the vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim due to such occupational negligence during approximately six weeks of medical treatment.

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 are insured under Article 4 of the Insurance Business Act pursuant to Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the Defendant’s certificate of subscription to automobile insurance, the instant indictment constitutes invalid in violation of the provisions of law, since it is acknowledged that the instant Maritime Vehicle was insured under the Act.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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