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(영문) 광주지방법원 목포지원 2019.07.16 2019고단156
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a car BK3.

On October 24, 2018, the Defendant driven the above car on October 24, 2017:25, and moved the road 214, which is 214, from the west-gun C apartment, to the right speed of the said apartment house D from the right edge.

Since there is a place where people's passage is frequent within the apartment complex, in such a case, there was a duty of care to reduce the speed and to safely drive the vehicle by properly examining the front and rear sides.

Nevertheless, the Defendant neglected this and did not properly look at the front side of the vehicle and caused the victim E (V, 72 years old) who was proceeding to the right side from the left side of the Defendant’s running direction to go beyond the floor.

As a result, the Defendant suffered a serious injury, such as the 12-day medical treatment on the part of the above victim due to the occupational negligence.

2. Determination

(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic

C. On July 5, 2019, after the prosecution of this case, a written agreement stating the victim's intent not to punish the defendant was submitted.

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

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