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(영문) 수원지방법원 성남지원 2016.12.14 2016고정757
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in bicycle driving service.

On March 6, 2016, the Defendant driven the above vehicle on March 18, 2016, and driven the above vehicle at the speed below the event that the Defendant continued to turn to the left at the right speed below the event at the direction of the Seoul.

In such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by preventing the person engaged in driving the vehicle from impeding the normal traffic of other vehicles in the opposite direction.

Nevertheless, the defendant neglected this and turn to the left.

The victim D's bicycle was not found in the opposite part, and the defendant's bicycle front wheel side did not conflict with the victim's bicycle rear wheel part, and the victim exceeded the road.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence, and at the same time, damaged the damaged vehicle with the property requiring approximately KRW 2,679,000 for repair cost, thereby making it effective.

2. The facts charged of the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 151 of the Road Traffic Act, and the prosecution against the victim’s express intent pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

However, according to the defendant's defense counsel's written agreement submitted on December 7, 2016, the victim is recognized to have agreed with the defendant and withdrawn his/her wishing to punish the defendant.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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