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(영문) 광주지방법원 목포지원 2018.07.20 2018고단295
교통사고처리특례법위반(치상)
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 a spectrum.

On October 21, 2017, the Defendant driven a car at around 07:30 on October 21, 2017, and made a left turn to the left-hand turn from the front of the Gu free market entrance to the second square.

At the same time, the victim D was in front of the street store, and in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by emphasizing the front and right of the road and accurately operating the steering and steering system of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim to go beyond the right bridge of the victim with the right side of the passenger vehicle due to the negligence of the left left.

Ultimately, the Defendant caused the victim to suffer injury to the right-hand joints, which requires approximately eight weeks of medical treatment by occupational negligence as above, in combination with the amount of water to the right-hand joints.

2. The instant facts charged 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 cannot be prosecuted against the victim’s express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim expressed his/her wish not to punish the Defendant on July 17, 2018, which was after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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