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(영문) 인천지방법원 2017.04.28 2017고정635
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 vehicle BM5 vehicle.

On December 7, 2016, the Defendant driven the upper vehicle at around 00:20 on December 7, 2016, and driven the front side road of the Gyeong-gu, Incheon, Gyeyang-gu, Byung-si at the time of Incheon, with the micro-faced speed from the area of the arts childcare center to the area of the bottled market.

Since the victim C(51) was walking in the room room of the sick market, in this case, the driver of the vehicle had a duty of care to live well before and after the driver of the vehicle, and the pedestrian had a duty of care to stop temporarily when the driver of the vehicle walk and drive the vehicle.

Nevertheless, the Defendant neglected to do so and immediately left the left part of the Defendant’s vehicle, and received the part of the victim’s left part.

Ultimately, the Defendant suffered injury, such as the frame of the left-hand section, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

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 cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the records of this case, since a written agreement was submitted to the effect that the defendant does not want to be punished to this court on April 18, 2017, which was after the prosecution, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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