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(영문) 서울북부지방법원 2018.01.18 2017고단5443
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives Branchis a passenger car.

On July 26, 2017, the Defendant driven the above car on July 26, 2017, and proceeded with approximately 30 km in the speed of 10km from the direction of Han-ro to Han-ro, Dongdaemun-gu, Seoul, with the alley-ro, which is not divided into two lanes 53, Han-ro.

Since the location is an intersection without a distinction between traffic signals and lanes, a person engaged in driving service has the duty of care to prevent accidents in advance by temporarily stopping prior to entering the intersection or driving on the right and the right and the right and the right and the right and the right and the right and the right and the right.

Nevertheless, the defendant neglected this and proceeded as it is, and the victim C (54) who was driving on the right side from the left side of the running direction of the defendant's vehicle according to the intersection, was awarded the front portion of the bicycle driving by the victim C (54).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, thereby causing injury to the victim, and causing injury to the victim, who is in an unidentified state where he/she was unlikely to defend himself/herself.

2. Determination

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

(b) Withdrawal of wishing to punish a person after filing a public prosecution: A letter of commitment to the self-agreement on October 23, 2017;

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;

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