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(영문) 수원지방법원 성남지원 2019.05.08 2019고단728
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaged in the business of driving bicycles in the instant charges.

On May 11, 2018, the Defendant driven the above bicycle and proceeded at a speed that is difficult to know about the direction of the water path from the direction of the mother distance, while driving ahead of the Mannam-si, Sungnam-si. The Defendant was crossing the roadway.

Since the road is a one-way road, and the vehicle that is driven by parked cars at night is not visible, there was a duty of care to reduce speed for those who are engaged in the business of driving bicycles and to prevent the accident from occurring due to the failure of the accident.

Nevertheless, due to the negligence of moving over a one-lane road while driving on a one-lane road, the victim C (the South and the age of 43) driving a one-way road from the direction of the center for residents of the Sugjin 2-dong, facing the direction of sanct, the front part of the motor bicycle driving by the defendant, was shocked into the left side of the bicycle driving by the defendant.

Ultimately, due to the occupational negligence above, the victim suffered bodily injury, such as the "hinal salt," which requires approximately three weeks of treatment, and at the same time, approximately KRW 1,279,000 for the motorcycle repair cost.

2. Determination

(a) Applicable provisions of Acts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act;

(b) A crime of non-violation of will: The main sentence of Article 3 (2) of the Act on Special Cases concerning Traffic Accident Settlement

C. After the prosecution of this case, the victim expressed his intention not to punish the defendant.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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