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(영문) 수원지방법원 평택지원 2017.05.24 2016고단2938
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 dump truck B 25 tons.

On September 12:05, 2016, the Defendant driven the said truck at the private distance intersection located in Pyeongtaek-si C, and continued to proceed to a right-hand at a speed that cannot be known to the court at the construction site of Heung S C in the small-scale area.

At this time, a crosswalk was installed in front of the direction of the defendant's driving, and the pedestrian signal was turned on at the time, so in this case, a person engaged in driving service has a duty of care to safely proceed without impeding the passage of people who live well in the front and left, and prevent the accident.

Nevertheless, the Defendant neglected this and continued to drive the bicycle on the top of the truck even after the Defendant’s truck felled into the front part of the truck of the victim E (26) who was crossinging the crosswalk in accordance with the course signals at that time due to the negligence in the course of the business that was going on a right-hand right-hand by the Defendant, and continued to proceed beyond the victim’s floor.

Ultimately, the Defendant suffered injury due to the above occupational negligence, such as the restriction of normal walking in the future, such as the cutting of cage cages that require approximately 16 weeks of medical treatment.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Grounds for dismissing public prosecution: Non-permanent sources of punishment for victims (written agreements submitted on May 24, 2017);

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;

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