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(영문) 광주지방법원 2019.06.04 2019고정185
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the operation of Bsch Rexton vehicles.

On December 31, 2018, the Defendant driving the above vehicle at around 13:55, and proceeding along a road from the direction of the law to the private distance of entrance from the 3rd side of the law, the front of the D, located in Young-gun C, Jeonnam-gun.

A temporary stop has been brought behind.

In such cases, the defendant has a duty to take a well-being of traffic situation in the rear bank and accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and received the right gate part of the F bargaining Vehicle E (Me. 56 years old) driving, which was followed by the subsequent negligence, from the Defendant’s vehicle.

The Defendant suffered approximately two weeks of tensions and tensions from the above victim by occupational negligence.

2. Determination (Dismissal of Public Prosecution) 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 cannot be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 4, 2019, after the prosecution of this case, the victim E expressed his/her intent not to be punished against the defendant in this court.

Thus, this case is applicable when the victim withdraws his/her wish to punish a case which cannot be prosecuted against the victim's explicit intent.

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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