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(영문) 의정부지방법원 2019.07.16 2019고단1662
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving BK5 automobiles.

On October 12, 2018, the Defendant driven the above vehicle at a 04:58 on October 12, 2018, and proceeded with C ahead of the vehicle at an indefinite speed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to report the traffic situation well and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so and neglected to do so and proceed without complying with the yellow domination signal from the front bank.

Defendant

In the right side of the vehicle, the victim D(the age of 68) driven by the victim D(the age of 68) without carrying the yellow flash signal was shocked by the side of the vehicle of the defendant.

Accordingly, the Defendant suffered a serious injury to the above victim due to the above occupational negligence, such as a permanent failure to exercise the inside of the Guide.

2. Determination

(a) Crimes of non-compliance with intent: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

B. On June 12, 2019, after the institution of the instant indictment, a written agreement stating the victim’s expression of intention not to punish the victim was submitted.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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