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(영문) 수원지방법원 안산지원 2014.03.28 2014고단122
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving of CSP car.

On October 23, 2013, the Defendant driven the above car on October 23, 2013, and proceeded to turn to the right from the edge of the Ro-gu Park to the left.

At the same time, it is a non-protective left-hand turn, so a person operating a motor vehicle has a duty of care to properly see the front side and the left side, and to accurately manipulate the steering direction and the brakes so as to prevent accidents from spreading.

Nevertheless, the Defendant neglected to make a left turn to the left at the right end, and instead did not have a license plate operated by the victim D (year 45) who was driving directly from the Mag-gu Park to the Mag-gu Park in accordance with the new code, and received a part of the driver in front of the chief of the car in question.

Ultimately, the Defendant suffered from a serious injury to the victim due to the above occupational negligence, such as flady inverte, vertebrate, etc., and caused the victim to suffer the risk of his/her life due to his/her bodily injury, flady, or flady or incurable disease.

2. The above facts charged are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the victim's express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to a written agreement bound in the trial records, the victim after the prosecution of this case can be acknowledged the fact that the victim expressed his/her intention not to be punished against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327

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