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(영문) 대구지방법원 경주지원 2014.11.20 2014고단595
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is a person engaging in driving Done Star Co., Ltd.

On April 17, 2014, the Defendant driven the above vehicle on April 18:35, 201, and led to the left-hand turn from the Yan-dong Macheon-dong intersection to the Hacheon-Eup.

At all times, since a signal that is permitted to turn to the left is installed, the driver of the vehicle has a duty of care to turn to the left or to turn to the left in accordance with the good good, and the driver of the vehicle has a duty of care to proceed without impeding the traffic of the opposite lane.

Nevertheless, the Defendant neglected to turn to the left at the right signal but did not confirm the right and the left turn to the left as it is, by negligence, received the front portion of the F Cargo Vehicle driven by E (48 years old) which was driven by the straight signal from the right side of the opposite knife at the right side of the said nife.e., the front portion of the F Freight Vehicle driven by E (48 years old)

Ultimately, the Defendant caused the injury to the victim G (V, 20 years of age) who was on board a passenger vehicle driven by the Defendant due to the foregoing occupational negligence, due to the injury of the victim G (V, 20 years of age), who was in need of approximately 12 weeks of medical treatment, such as external flacing flacing, without an open address. As a result, the victim caused the impairment of recognition function (the loss of labor force by decrease in physical exercise function).

2. The facts charged of this case are crimes 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 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to a written agreement bound in the trial records, it can be acknowledged that the victim G expressed his/her intent not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6)

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