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(영문) 수원지방법원 2019.05.01 2018고단6832
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving service of the city bus B.

On February 5, 2018, the Defendant driven the above bus at around 22:08, and got to turn to the left two-lanes in the direction of the Enforcement Decree in the direction of Chigh School.

At the time, the victim D (the age of 62) crosses the crosswalk installed on the right side of the defendant's right side to the right side from the left side, so there was a duty of care to make the left-hand turn safely by accurately operating the steering gear and operation of the steering gear well and the left side.

Nevertheless, the defendant neglected to turn to the left without neglecting it and received the victim from the front part of the bus driver's bus with the defendant's negligence and caused the victim to go beyond the floor.

Ultimately, the Defendant suffered from the above occupational negligence that caused a serious injury to the victim, such as blood transfusion, brain disease, brain damage, and cerebral disorder, and other destructive personality and behavioral disorder due to the above 8-day 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, according to the records, the victim prepared a written agreement with the defendant around April 2019, which was after the prosecution of this case was instituted, and it is reasonable to deem that the defendant has withdrawn his/her intent to punish the defendant.

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.

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