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(영문) 전주지방법원 2016.03.08 2015고단1969
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around 05:55 on March 13, 2015, the Defendant: (a) driven a CKaren car on the front line of the Jin apartment in the front city of the front city; (b) was driving along the front line of the Jin apartment in the front city of the front city along the three-lane distance from the side of the department department store along the direction of the Jinbuk tunnel.

At the time, she was placed in the vicinity of the Defendant, and there was a person who is standing a road on the front side of the Defendant, so in such a case, there was a duty of care to look well about the driving direction of the automobile and to accurately manipulate the steering direction and prevent the accident by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and got the victim D who was crossingd without permission at the front direction of the Defendant’s proceeding due to negligence, and received the victim D as the front part of the said car rental car.

After all, the Defendant suffered from the above occupational negligence such as injury to the victim D, such as an open bridge, which requires approximately 14 weeks of treatment of the victim D, and the injury to the right side of the body below the flasium, and the injury to the right side of the large flasium, recognition function, and intelligence degradation due to the flasing of the flasium.

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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

The record reveals that the victim expressed his/her intention not to be punished against the defendant on February 15, 2016, after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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