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(영문) 서울북부지방법원 2014.02.18 2013고단2586
교통사고처리특례법위반
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 C-B vehicle.

On November 19, 2012, the Defendant driven the above vehicle at a speed of about 60km in the speed of 70km from the front of the session of Dongdaemun-gu Seoul to drive the three-lane road of 72 degrees in front of the session of Dongdaemun-gu Seoul.

At the time, there were many new walls prior to sunrise, and thus, there was a duty of care to safely drive a motor vehicle and prevent accidents in advance by checking whether a person engaged in driving the motor vehicle is a person who scam well.

Nevertheless, the defendant did not discover the victim D (80 years of age) who had the road where he proceeded by negligence while neglecting it, left the right side from the left side, and had the victim shocked into the front part of the defendant's vehicle and go beyond the ground.

Ultimately, the Defendant suffered serious injury, such as damage to the number of fages in which it is impossible to treat the victim due to such occupational negligence, duplicating the fage of the fage fage whose detailed details are unknown, and cerebral cerebral cerebral Bribery, which led to the status of the third degree of cerebral lele

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 pursuant to the main sentence of Article 268(2) of the Criminal Act. According to the records, the victim can recognize the fact that he/she explicitly expresses his/her wish not to punish the defendant on February 17, 2014, after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 32

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