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(영문) 서울동부지방법원 2014.06.23 2014고단1157
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of B-B cargo vehicles.

On September 28, 2013, the defendant driving the above cargo vehicle around 07:16, and made a turn to the left at about 40 km per hour from the subway station to the subway station located in Songpa-gu Seoul Metropolitan Government 80, along the two-lanes of the roads located in the jurisdiction of Gangdong-gu Seoul Metropolitan Government.

At this point, there was a crosswalk where signal lights are installed, so that there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is a person driving a motor vehicle by reducing speed and checking well the front door.

Nevertheless, when the Defendant neglected to do so and neglected it, the Defendant entered the crosswalk from the left side of the running direction of the Defendant, to the right side of the pedestrian signal, etc., and then found out the victim C (the age of 63) who is crossing and was changed to the red signal to the right side of the Defendant’s green signal, but continued to stop it. However, the Defendant did not avoid it, but did not go to the left side of the cargo vehicle operated by the Defendant, and got the said victim go to the ground.

As a result, the Defendant suffered injury, such as the mouths, flasiums, and flasiums, which require approximately 20 weeks of medical treatment, due to the above occupational negligence, led the victim to either a flasor or a flasor or a flasor’ disease.

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 express will of the victim pursuant to the main sentence of Article 3(2) of the Act on

However, according to the written agreement and the written petition submitted by the defendant to this court around June 12, 2014, the victim shall be punished by the defendant around June 10, 2014, which was the date of the prosecution of this case.

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