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(영문) 대전지방법원 2018.05.25 2018고단837
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a vehicle QM3.

On December 6, 2017, the Defendant driven the above vehicle at around 17:22 on December 6, 2017, and got to turn to the left from the right edge of the irrigation house at the intersection without an intersection, such as the front signal of the restaurant in Seo-gu Daejeon, Seo-gu.

In this case, there was a duty of care to prevent accidents by safely driving a driver, such as taking the front, rear, and left and right of the driver, and accurately operating the steering gear and brakes.

Nevertheless, due to the negligence of neglecting this, the part of the victim F (n. 34 years old) driving GM3 car driving from the right side of the above vehicle was driven by the victim F(n. 34 years old) to the post office at the right side of the said vehicle by the left side.

Ultimately, Defendant 1’s negligence caused injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of treatment, and at the same time damaged the said SM3 vehicle to be repaired in KRW 3,98,291.

2. Determination

(a) Punishment Acts and subordinate statutes: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Article 151 of the Road Traffic Act (the occupation of damage to occupational and de facto property);

(b) Crimes of non-violation of an intention: Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(c) Members not subject to punishment after filing a public prosecution: A written agreement on February 11, 2018 submitted on February 13, 2018;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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