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(영문) 서울동부지방법원 2013.09.05 2013고단1765
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On June 21, 2013, the Defendant, at around 19:20 on June 21, 2013, driven a Spanish bicycle and proceeded with the bicycle lane of the 10 Han River and High River site in Songpa-gu Seoul, Songpa-gu, Seoul at a speed of about 20km at a speed of about 10km from the luscing intersection to the luscing intersection.

There are many pedestrians around the Han River site, which is a bicycle lane, so in such a case, a person engaged in driving a bicycle has a duty of care to prevent accidents in advance by safely driving the entire traffic condition.

Nevertheless, the Defendant neglected this and did not take the victim C (70 years of age) who was walking in the same direction due to negligence, and did not take the front, and received the victim with the front wheel part of the bicycle driven by the Defendant, and suffered injury, such as acute scalcenary scalcenosis (bal scalves), which requires approximately 6 weeks of medical treatment, to the victim.

2. The instant case is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 3(2) of the same Act. According to the written agreement, etc. submitted to this court, it is apparent that the victim expressed his/her intent not to punish the defendant after the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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