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(영문) 서울서부지방법원 2015.02.03 2014고단3146
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On September 13, 2014, the Defendant: (a) around 13:00 on September 13, 2014, along the instant charges, driven a bicycle bicycle road for diving; and (b) proceeded toward the northwest of diving in the direction of diving.

Since there is a narrow and slope of the road width, there was a duty of care to reduce the speed and maintain the safety distance for those engaged in driving service, and prevent accidents in advance.

Nevertheless, the defendant neglected to maintain the safety distance and failed to maintain the safety distance, followed by the negligence near the left-hand side of the bicycle driven by the victim B (Y, 30 years old) who passed ahead of the bicycle, and got the front part of the bicycle driven by the suspect and let the victim go far away from the bicycle and far away from the bicycle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as 10 weeks of pulverization of the left-hand flaver, which requires treatment.

2. The facts charged in the instant 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, and 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

According to the records of this case, on January 30, 2015, the victim, after the prosecution of this case, expressed his/her intent not to be punished against the defendant under the agreement with the defendant on January 30, 2015, and thus, the prosecution of this case is dismissed pursuant to Article 327

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