logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.17 2019고단706
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged in this case is a person engaged in driving BRaba and Raba vehicles.

On September 18, 2018, around 10:05, the Defendant moved back the back road from the southyang post office room to D in an aesthetic speed.

At the same time, there is no signal signal, and in such a case, the road was passed by pedestrians because there is no distinction between delivery and vehicular road. Therefore, the driver of the motor vehicle had a duty of care to check whether there is a vehicle or pedestrian crossing, and to safely drive the motor vehicle in advance, by reducing speed or temporarily stopping the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to take the way from the right-hand side of the vehicle driving by the Defendant (the age of 68) to the right-hand side of the victim E (the age of 68).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body of the left-hand gate, for about 10 weeks of medical treatment.

2. The determination is an offense 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 may not be prosecuted against the victim’s express intent in accordance with Article 3(2) of the same Act.

However, the records show that the victim expressed his wish not to punish the defendant after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

arrow