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(영문) 서울중앙지방법원 2016.11.02 2016고단5275
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On April 8, 2016, the Defendant driving a Maz car around 07:40 on April 8, 2016, and driving the front road of Jongno-gu Seoul Metropolitan Government on the roads in front of Changdong MID apartment at a speed that cannot be seen as a creative market room.

There is no distinction between the vehicular road and the sidewalk on the backway of the house, so in such a case, the defendant who drives the motor vehicle had the duty of care to prevent the traffic accident by driving the motor vehicle on the front side and the right side safely.

Nevertheless, the Defendant neglected to do so and went to the right side of the above car and did not discover the victim D (I 81 years of age) who was in the direct right side of the above car, and went to the end without finding out the victim D (I am 81 years of age). The victim's am her her her her her her her her her her her her her her part with the back her her her her her her her her her part, thereby resulting in the victim's her shes

2. The instant case cannot be prosecuted against the clearly expressed intent of the victim. Since the Defendant agreed with the victim on September 23, 2016, paid 7 million won agreed upon to the victim, and the written agreement with the victim that the victim does not want the punishment was submitted on October 25, 2016, the instant prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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