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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1105
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On August 27, 2015, the Defendant was a person engaging in driving a Crando car, who driven the above vehicle on or around 00:10 on or around August 27, 2015, and, on or around Sacheon-si Sacheon-si Sacheon-si, driving the front road on the Sacheon-si Sacheon-do Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu, and in such a case, the Defendant, who is engaged in driving a motor vehicle, was negligent in neglecting his duty of care to prevent an accident by safely operating the steering and steering the steering and steering gear while properly operating the motor vehicle, and thereby, was led to the front part of the said motor vehicle driven by the Defendant.

The Defendant, by such occupational negligence, caused the victim to suffer injury, such as the complete damage of chest trees, which requires about 16 weeks of treatment, thereby causing the victim to suffer a permanent disability, such as urine and urology, and urology and urine disorder.

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 268 of the Criminal Act, which do not fall under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and thus cannot be prosecuted against the victim’s express intent under the same paragraph. The same applies to cases where a victim under Article 4(1)2 of the proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents poses a danger to his/her life due to a bodily injury or a incurable or incurable disease, or where a victim suffers from a incurable or incurable disease. Thus, Article 4(1)2 of the proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents applies mutatis mutandis to cases where “the victim suffers danger to his/her life due to a bodily injury, is in danger to his/her life, or suffers from an incurable or incurable disease.”

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