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(영문) 광주지방법원 해남지원 2015.12.24 2015고단514
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving Cunching vehicles.

On June 29, 2015, the Defendant driven the above vehicle at around 06:01, and proceeded in the intersection without a 4-distance signal, etc. from the west-west side of the west-west side of the west-west side of the west-west side. The Defendant had a duty of care to yield and proceed with the course for the vehicles entering the west-west side of the west-west side of the west-west side of the west-west side.

Nevertheless, the Defendant, while failing to perform the above duty of care, was driving by the victim D (Nam & 59 years of age) who passed the above intersection from the sloping surface to the Masan surface, and was driving by the victim D (Nam and 59 years of age) on the left side of the Defendant’s vehicle.

The Defendant caused a serious injury to the victim due to the occupational negligence as above, such as the injury to the unexploited river water during treatment days.

2. The judgment of the court below is the case 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 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, the agreement was submitted to this court on December 14, 2015, which was after the prosecution of this case was instituted, and according to this, it can be recognized that the victim expressed his/her intention not to have the defendant punished. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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