logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.01.30 2014고단2063
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving C-wing cargo vehicles.

On June 13, 2014, the Defendant driven the above vehicle on June 16:50, and driven the road of the “E” Do in front of the restaurant “E” Do from the Taecheon Tri Distance to the Taecheon Elementary School.

At the time, Defendant 2 stopped an elementary school school bus at the opposite direction, and the Defendant showed that the victim F (n, 45 years old) was moving out of the above school bus and crossing the road. In such a case, the Defendant had a duty of care to safely drive the vehicle by examining whether the victim would not cross the road to the school bus again by reducing speed and thoroughly driving the front time.

Nevertheless, the defendant neglected the above duty of care and got the victim who was returning from the right side of the defendant's proceeding to the school bus crossing the road from the left side to the right side of the road to go beyond the part of the cargo fronter.

Ultimately, the Defendant suffered injury to the victim, such as double alleys, which require approximately eight weeks of medical treatment due to such occupational negligence.

2. Determination: An offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 268 of the Criminal Act shall not be prosecuted against the clearly expressed will of the victim under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the records of this case, the victim submitted a written agreement to withdraw his wish to punish the defendant on December 3, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow