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(영문) 서울서부지방법원 2019.08.22 2019고단2210
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a B K5-car (a person who is engaged in driving under a special agreement with a couple in the false name of the Defendant).

On November 5, 2018, at around 18:25, the Defendant, a house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, came to turn to the left in the direction of “increased” from the wall inside the sand.

At the time, the road is a narrow one-lane road located in a house, and the road that intends to turn to the left is likely to exist from time to time by pedestrians, etc. such as crosswalks are installed. In such a case, drivers have a duty of care to live well in the front left and to prevent accidents by properly operating steering devices and brakes.

Nevertheless, the defendant is negligent to turn to the left immediately.

At this time, the victim E (the 74-year old) who entered the left-hand side from the right-hand side of the course, did not find a bicycle driven by the victim E (the 74-year old) and received the back part of the bicycle driven by the victim as the front part of the vehicle.

As a result, the Defendant suffered from occupational negligence such as pulverization of culvers accompanied by a non-flavers that require approximately 12 weeks of treatment to the victim.

2. The instant facts charged constitute 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 under the main sentence of Article 3(2) of the same Act. According to the records of the instant case, the victim can be found to have expressed his/her intent not to punish the Defendant on January 7, 2019, which is prior to the instant indictment. Thus, the instant indictment constitutes a case where the procedure for instituting a public prosecution is invalid in

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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