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(영문) 부산지방법원 서부지원 2018.09.18 2018고단1080
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a bicycle riding “B” 125c motor device.

On December 19, 2017, the Defendant driven the said vehicle with a light duty of 00:40 on December 19, 2017, and proceeded with one-way road installed within the “camper” located at the bottom of the university of the East Asia at 550 m. 37, Seo-gu, Busan, Seo-gu, Busan, at a speed that would not be known to the “fenced door” from the bank of the “building within the school of the East Asia,”

The location is a road with a one-way sign within the campus at the bottom of the East Asia University.

In such cases, the driver of a vehicle has a duty of care to ensure the safety of the vehicle course and drive the vehicle in accordance with the vehicle traffic marking well.

Nevertheless, the Defendant neglected to do so and negligently driven without one traffic sign, and led the victim C to the “in-house building” side of the part “A” driven by the victim C, which was driven by the victim C, to the “in-house building” side of the said part “D” 125c motor device and bicycle, to the left side of the above vehicle by the Defendant.

As a result, the Defendant suffered injury to the victim at around 6 weeks of treatment due to the above occupational negligence by the victim, i.e., the left-hand side of around 2.3.4.

2. The judgment of this case is a crime 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, the victim expressed his/her intent that he/she would not want punishment by mutual consent with the Defendant on March 13, 2018, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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