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(영문) 울산지방법원 2014.02.04 2013고단3613
교통사고처리특례법위반
Text

The prosecution of this case against the defendant is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving BKan vehicle.

On August 30, 2013, the Defendant driven the above vehicle on the 06:30 on August 30, 2013, and followed the road from the Filial High School in Ulsanbuk-gu, Ulsan Metropolitan City, along the three-lanes of the modern four-lane road from the surface of the winter-dong to the boundary of the modern four-lanes.

In such a case, the driver of the motor vehicle has a duty of care to operate the direction before changing the course and give notice of change in the course, and to prevent the accident in advance by changing the vehicle line safely in the situation of traffic in the front and rear left.

Nevertheless, the Defendant neglected to do so and instead received the front wheels part of the DVL 125cc driven by the injured party C (year 48) who was driving along four lanes, along the right-hand side of the above vehicle, from the right-hand side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as T3 and T4’s closed frame, which require approximately 12 weeks of medical treatment, due to such occupational negligence.

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, 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 agreement received on January 14, 2014 by this court, it is recognized that the victim expressed his/her intent not to punish the defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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