logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.03.15 2012고정3609
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives a bicycle on duty.

around 17:48 on June 3, 2012, the Defendant was running at a speed of about 10km per hour according to the speed of about 10km of city according to the first two-lanes, which is located at the 46-lane of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

At that time, the bicycle exclusive road is a bicycle passage frequently, and the defendant was ahead of the bicycle in the same direction.

A person engaged in driving service has a duty of care to ensure safety distance that can be avoided if he/she well sees that the person is engaged in driving service and stops the bicycle.

Nevertheless, the Defendant neglected this and drive excessively close to others, and did not see the front in his own eye and did not properly see the front, and therefore, the Defendant conflict with the victim C (Nam, 58 years old) who was driven in the opposite opposite lane due to negligence beyond the opposite lane in order to avoid the bicycle of B, which was stopped in the front.

As a result, the Defendant suffered injury that requires approximately seven weeks of medical treatment to the victim by the above occupational negligence.

2. In light of the judgment, the above facts charged constitute a crime 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 Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the written agreement in C (victim) and A (Defendant) preparation, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on March 14, 2013, which was after the prosecution of this case was instituted.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow