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(영문) 대구지방법원 안동지원 2015.06.19 2015고단129
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a cargo vehicle of one ton of B Poters.

On June 26, 2014, at around 05:30 on June 26, 2014, the Defendant driven the above cargo, and turned the intersection of the North west Road from the Gyeong-dong Dam to the inside-dong Dam from the area of the Tae-dong Park.

Since the location is a place where a yellow on-and-off signal exists without traffic control through a private street intersection, there was a duty of care to check whether a person engaged in driving service has a vehicle crossing by reducing the speed or temporarily stopping and driving the vehicle.

Nevertheless, the Defendant neglected this and went to the right side of the DPo2 car driven by the victim C(the age of 77) who is driving on the right side from the left side of the proceeding direction due to negligence, and caused the above car to be pushed ahead of the E-driving car, which was a traffic signal at the Young Tri Station, in the future, while pushing ahead of the car in the future.

Ultimately, the Defendant suffered from the above occupational negligence that caused a serious injury to the victim C, such as decline in recognition capacity due to brain damage requiring a long-term medical treatment for about ten (10) weeks.

2. Public prosecution dismissal is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act.

However, since the victim submitted a written agreement to the effect that he does not want to punish the defendant 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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