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(영문) 대전지방법원 홍성지원 2013.12.27 2013고단817
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 Cone Stars.

Around 08:30 on August 10, 2013, the Defendant driven the above van and proceeded two lanes of the two-lane road in front of the Gwangjin-do 1119 Safety Center in Gwangjin-gu, Hongcheon-gun, Hongcheon-gun, Hongcheon-do along the two-lanes from the side of the Hongcheon-do, Hongcheon-do.

At the time, the part of the backer of the above van and the part of the victim D (E. 70 years old) connected with the private wheel with the wire ropes, and towing the above son, thus, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear, etc. as well as by safely checking the traffic conditions of the road.

Nevertheless, the Defendant neglected this and did not tow safely, and caused the Defendant to use it on the road, thereby resulting in a serious injury to the language disorder, etc. caused by the injury of approximately ten weeks of medical treatment.

2. The judgment is 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, which cannot be prosecuted against the victim's express intent under the main sentence of Article 268(2) of the Criminal Act. According to the written agreement bound in the trial records, the victim D can recognize the fact that he explicitly expresses his wish not to punish the defendant on December 19, 2013, which is the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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