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(영문) 전주지방법원 정읍지원 2018.10.11 2018고단329
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in the delivery department at the Middle Trane House as a person who is driving B 100 c obane on duty.

On July 14, 2018, the Defendant, around 12:30, proceeded to the direction of the Go Chang-si Office in the front of the D, which is located in Go Chang-gun, North Chang-gun.

The accident place is a private road crossing without signal, and the driver of any motor vehicle has a duty of care not to obstruct the passage of pedestrians crossing the intersection or the road adjacent to the intersection where traffic is not controlled, but the driver of any motor vehicle does not discover the victim E (e.g., 56 years old) who crosses the road within the intersection from the right side of the course to the left side of the intersection due to the negligent negligence of driving the motor vehicle.

Accordingly, the victim E suffered bodily injury, such as “a brusation and closure of the body part of the body part of the body part of the body part of the body part of the body part of the body part.”

2. The instant facts charged constitute Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and thus cannot be prosecuted against the victim’s explicit intent under the same paragraph.

According to the submitted agreement, it can be acknowledged that the injured party expressed his/her intention not to be punished against the defendant around August 7, 2018, which was after the prosecution of this case was instituted.

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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