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(영문) 수원지방법원 2020.10.23 2020고단5230
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of this case is a person engaged in driving of Brain vehicles.

On April 10, 2020, the Defendant driven the above vehicle at around 22:40, and got the alley distance prior to the C store in Osan City to the left left of the E-real estate surface from the D cafeteria.

In such cases, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the front side, the left, and the left well.

Nevertheless, the Defendant neglected to do so and did not look at the front, left, and left left by the negligence of the victim F (the age of 49) who was walking at the left side of the victim F (the age of 49). The Defendant shocked the front part of the driver's seat before the driver's seat of the above vehicle and caused the victim to go beyond the victim.

Ultimately, the Defendant suffered a serious injury due to the above occupational negligence, which caused the victim to suffer from a serious injury, such as an external wound, which has no two inner sufferings in need of open treatment for about 20 weeks.

2. Determination is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and an indictment may not be instituted against the victim’s express intent under Article 3(2) of the Act on Special Cases concerning

However, according to the records, the injured party can recognize the fact that he/she expressed his/her wish not to punish the accused after the prosecution of this case was filed with the accused.

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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