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(영문) 수원지방법원 안산지원 2021.01.12 2020고단4352
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving bicycles.

On September 28, 2020, the Defendant driven the above bicycle on September 11:50, 2020, and got the front of the 665 Hamsan-si Hamsan-si 1strhyeong-si, the pedestrian crossing from the direction of the Yansan-si, the front of the 665 Hamsan-si.

Since there is a intersection with a crosswalk, it is likely that a person engaged in driving of a bicycle would impede the normal passage of other vehicles, he/she shall not cross the road, and he/she has a duty of care to safely drive the bicycle by driving the bicycle on the crosswalk by towing and walking the bicycle.

Nevertheless, the defendant neglected this and continued to cross the crosswalks with the bicycle unfolded even if the pedestrian signal was red, and the part of the CW125-wheeled Vehicle driven by the victim B ( South, 35 years old) who was on the right side of the defendant's running in accordance with the vehicle running signals from the defendant's running direction to the left side of the road was shocked by the defendant's bicycle side.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body body felbs, which requires approximately eight weeks of medical treatment due to the above occupational negligence, and at the same time damaged the two-wheeled vehicle to cover approximately KRW 6.50,000.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act. According to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, a public prosecution may not be instituted against the victim’s express intent. Since the victim after instituting a public prosecution expressed his/her intention not to have the victim punished, the instant public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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