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(영문) 인천지방법원 2017.06.28 2017고단1008
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is a person engaging in driving a taxi for Category C Laun other business purposes.

On November 20, 2016, the Defendant started stopping in the direction of the set distance from the Dong investigation distance, and continued to drive approximately 10 meters at a speed, from around 22:28 to around 22:28, in the direction of the Bupyeong-gu Incheon Bupyeong-gu.

At this point, there was a crosswalk installed for signal lights, and in such a case, the driver was a pedestrian signal even before the defendant starts, so there was a duty of care to prevent accidents in advance by driving safety driving on the crosswalks or crosswalks as well as by driving safety.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, and did not discover the victim F (69 years) who was unauthorized crossing by entering the road at the crosswalk around the end of the pedestrian signal on a road with about 10 meters away from the front side of the taxi vehicle, and received it in front of the driver and the front glass.

Ultimately, the Defendant suffered from an injury in need of approximately 32 weeks of medical treatment due to the above occupational negligence by the victim, such as the number of light trees, and other damage to the world, etc.

2. The facts charged of the instant case can not be prosecuted against the victim’s explicit intent (Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents). It is recognized that the victim has withdrawn his/her wish to punish the Defendant by mutual consent with the victim after the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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