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(영문) 의정부지방법원 고양지원 2018.04.13 2017고단3762
교통사고처리특례법위반(치상)등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a person who is engaged in driving C cargo vehicles.

On November 6, 2017, the Defendant driven the above cargo vehicle at around 13:35, while driving the front road in Seoyang-gu, Seoyang-gu, Goyang-si along one lane from the west to the west shill distance.

At that time, the Defendant followed the Victim F(66) drive G QM6 car prior to the same direction. In such a case, there was a duty of care to ensure safety distance by making sure that the person engaged in driving service well sees the situation and lowering the speed.

Nevertheless, the Defendant neglected this and stopped the back portion of the above QM6 car, which was stopped by signal change from the front bank, and thereby, caused the Defendant to shock the back portion of the above QM6 car, which was driven by the victim H (W, 37 years old) in front of that vehicle while being pushed in front of that vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim F and QM6 passenger J (the 61-year old-old passenger) such as light salt clocks, etc. requiring approximately 3 weeks of medical treatment, the victim K (the 58-year old-old passenger clocks, etc.), including approximately 6-day closed clocks, etc., which require approximately 2-day medical treatment; and damaged the victim H to the said QM6 car to cover KRW 15,546,00 for repair costs.

2. Each of the facts charged of this case is a case for which a public prosecution cannot be instituted 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. Since the victim's statement of intent not to prosecute the defendant after the prosecution of this case was submitted, a written non-application or agreement for punishment of the victim H, F, J, and K was submitted, all of the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

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