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(영문) 창원지방법원 통영지원 2019.07.24 2019고단427
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of a vehicle B-to-purd motor vehicle.

On June 27, 2018, the Defendant was driving the said car at around 14:00, while making a stop at the two-lanes of the D in Gosung-gun, Gosung-gun, Gosung-gun, the Defendant continued to drive the car along one-lane to drive the car.

In such cases, a person engaged in driving of a motor vehicle is likely to impede normal traffic of other motor vehicles running on the lane that intends to change course, he/she shall not change course, and he/she has a duty of care to change the lane safely by taking into account the traffic conditions of the front and rear left, and by safely changing the lane.

Nevertheless, the Defendant neglected this and caused a sudden change of the vehicle at a stop, and the Defendant’s previous part of the E-driving car, which was proceeding at the right side of the vehicle, was shocked with the front part of the E-Motor vehicle, which was proceeding at the right side of the Defendant’s moving direction.

As a result, the defendant suffered serious injury to the victim G (V, 65 years old) who was on board the above Furth vehicle, about 12 weeks of treatment.

2. The determination of this case is an offense falling under Article 3(1), the proviso to Article 4(1)2, or Article 268 of the Criminal Act, and shall not be prosecuted against the express will of the victim pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 10, 2019, after the prosecution of this case, a written agreement indicating the victim's intent not to punish the defendant was submitted to this court.

Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case is dismissed.

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