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(영문) 대전지방법원 천안지원 2015.03.17 2014고단1741
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person engaging in driving a B-A-Wood passenger vehicle.

On July 25, 2013, the Defendant driven the above vehicle on July 19:50, and proceeded to turn to the left at a speed of about 30 km per hour from the front apartment to the south side circulation of Sincheon-gu, Ycheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

At the time, on the opposite side of the defendant, the non-registered motor bicycle of the victim C (59 years old) driving was straighted in front of a luthol apartment, and the defendant was required to make a non-protected left-hand turn. In such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the front side and the steering gear and to prevent the traffic accident in advance.

Nevertheless, the defendant neglected to turn to the left and caused the front side of the victim's motorcycle by negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in need of medical treatment for about 12 weeks, such as the complex gale of the left-hand knee, the left-hand knee, the damage of the left-hand kneeal, the damage of the flag, and the blood transfusion under the flag, etc., which led to the victim's permanent legacy of mental behavior disorder, such as the decline of memory capacity, the decrease of recognition efficiency, and the sediative behavior, etc., and the physical movement or the basic action of daily life, etc., which make it difficult for the victim to take due to the ne damage.

2. The facts charged in the instant 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, and cannot be prosecuted against the express will of the victim pursuant to the main sentence of Article 3(2) of the Act on

However, the defendant, on February 6, 2015, is this court.

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