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(영문) 광주지방법원 해남지원 2018.05.03 2018고단109
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B rocketing car.

around 22:50 on October 3, 2017, the Defendant continued to proceed with the national highways No. 18, 13-53 on the south-do along the south-do along the two-lane distance from the south-do along the national highways No. 43-53 on the south-do.

A driver of a motor vehicle has a duty of care to drive the motor vehicle thoroughly, comply with the speed and speed of the motor vehicle, and accurately manipulate the steering gear and brakes to operate the motor vehicle safely.

Nevertheless, the Defendant received without registration, which was driven by the victim C (23 tax) who had been driven by the victim C (23 tax) by negligence, due to the negligence of neglecting the Handphones away from the floor, in the front of the said car.

As a result, the Defendant destroyed the above 2.5 million won of the market price by occupational negligence as above, and at the same time suffered injury to the victim, such as flusing 12 pulvers and 12 pulvers that require approximately 14 weeks treatment.

2. Each of the facts charged in the instant case pertains to a crime falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, which 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According to the records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on April 20, 2018, which was after the prosecution of this case was instituted.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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