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(영문) 서울서부지방법원 2018.09.13 2018고단1819
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaged in driving a motor vehicle with B’s body at the examination of the facts charged.

On October 24, 2017, the Defendant driven the above-mentioned vehicle around 01:00 on October 24, 2017, and 47, Yongsan-gu, Yongsan-gu, Seoul, Chungcheongnam-do, one-lane road at the 3-distance intersection.

Sleep on the west side;

It is proceeding toward the entrance side, and turn to the left at about 20 km speed towards the Korean Net School Welfare Women's Association.

At the same time, the driver of any motor vehicle who intends to make a left-hand turn at the intersection where three previous signals are installed so that it can make a left-hand turn. The driver of any motor vehicle who intends to make a left-hand turn at the intersection where the traffic is not controlled is obliged to safely drive the motor vehicle by driving the motor vehicle and prevent the accident in advance by driving it safely.

Nevertheless, the defendant has been on the right left immediately without examining whether there is a vehicle that is left behind due to neglect of this, and without giving the concession right, the defendant has been on the right left right right.

C(24) Driving DMW10 Obama on the left side of the Defendant’s driving vehicle and had the victim go beyond the ground by taking the part above the left side of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the driver of the damaged vehicle due to the above occupational negligence during approximately 12 weeks of treatment, such as the loss of the left-hand tree annual organization, and approximately 20 weeks of a set frame, openness, left-hand side, etc.

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 and Article 268 of the Criminal Act, and do not fall under any subparagraph of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus, it is not possible to institute a public prosecution against the victim’s express intent under the main sentence of Article 3(2) of the Act

According to the records, the victim is the defendant on June 26, 2018, which was after the prosecution of this case.

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