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(영문) 수원지방법원 안산지원 2017.02.03 2016고단3937
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 driving a car in CM520.

On August 16, 2016, the Defendant driven the above car at around 22:05, and proceeded directly with the two-laned road in front of the Don-gu Seoul Metropolitan City, Anasan City along the first intersection in the direction of the original elementary intersection in the direction of the park, and did not discover the victim E (n.e., the 69 years old) who crosses the road to the right side from the right side in the direction of the course by violating the duty of the front bank and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the obligation of the said vehicle was violated, and led the victim to go beyond the road under the direction of the victim's bridge.

Defendant 1 suffered injury due to the above occupational negligence, such as approximately 12 weeks of friend friend and friend 12 and friend 2.

2. The facts charged in the instant case 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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the facts charged in the instant case is that the Defendant suffered an injury from an injury, such as an injury caused to the victim due to the instant accident

Therefore, Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that “When a victim suffers a risk of life or has a incurable or incurable disease due to a bodily injury,” the special provision on punishment does not apply to the case where the victim has subscribed to insurance or mutual aid under the main sentence of Article 4(1) of the same Act. However, Article 3(2) of the same Act provides that “where a victim suffers a danger of life or has a incurable or incurable disease due to a bodily injury, the victim’s bodily injury shall be subject to an exception to the crime of non-rape.”

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