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(영문) 의정부지방법원 2013.12.20 2013고단3520
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a driver of CT 100-wheeled Vehicle. Around June 11, 2017:35, the Defendant was negligent in the course of his duties, which caused the injury of the victim D (the age of 73) who was illegally crossinged from the first to the five-lane of the road in the front direction of the Defendant on the front side of the said two-wheeled Vehicle, and was driving the said two-wheeled Vehicle and driving it on the five-lane road in front of Jyang-si, Jyang-si, Jyang-si, Seoul at the end of the five-lane in the direction of Seoul. In short, the Defendant did not find out the victim D (the age of 73) who was unclaimedd from the first to the fifth five-lane of the said road in the direction of its proceeding and did so.

2. We examine the judgment. The facts charged of this 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, which cannot be prosecuted against the victim's express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, on December 16, 2013, which was after the prosecution of this case was instituted, a criminal agreement stating the victim's expression of intent not to punish the defendant is submitted to this court. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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