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(영문) 대구지방법원 경주지원 2014.01.28 2013고단458
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person driving a B-A-Wurt-Wurn vehicle on duty.

On December 16, 2012, around 16:10 on December 16, 2012, the Defendant driven the car in front of the nuclear power plant promotion center at Yangnam-si, both south-west, with the speed of 40km per hour from the later side of the nuclear power plant to the later side of the nuclear power plant.

The location was a straight line of one-lane, and a person engaged in driving service has a duty of care to ensure that all traffic accidents should be prevented by properly examining the traffic situation of the front line and maintaining a safe distance.

Nevertheless, the defendant neglected to do so and proceeds at the same time, and the left side of the victim C (Nam, 8 years old) who was crossing the left side of the nuclear power plant promotion center at the right side of the park, which is the right side of the above car, conflict with the right side of the above car.

As a result, due to the negligence of the defendant's business, the victim suffered injury in need of medical treatment for 6 months in advance, such as negopathal disease.

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, 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 each agreement bound in the trial records, it can be acknowledged that the legal representative of the victim after the institution of the instant case expressed his/her intent not to be punished against the defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6

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