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(영문) 수원지방법원 평택지원 2014.11.06 2014고단1320
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On May 16, 2014, at around 16:45, the Defendant, who is engaged in driving a truck as Cart, was driving the truck and had the 176-1-way road in front of Pyeongtaek-si to the direction of the two teachers’ distance on the side of the emulative power plant. In such a case, the Defendant had a duty of care to check whether a person engaged in driving a truck was a person who is well in driving a truck, and then proceed with the duty of care, the Defendant neglected his/her duty of care and caused danger to his/her life by taking the victim D (48 years old) who was in the aftermath of the truck as the back part of the truck as he/she was negligent in driving the truck and sustained about 20 weeks or more on the back part of the truck.

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 victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases

However, according to the records, it can be recognized that the victim declared that he does not want the punishment of the defendant after the prosecution of this case was instituted, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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