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(영문) 서울동부지방법원 2017.06.23 2017고단1108
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On September 24, 2016, the Defendant: (a) driven a bicycle on the Han River dedicated road near Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) discovered the bicycles of the victim C (53 tax) who proceeds from the front bank while driving a bicycle at an insular speed in the direction of the opposite direction of the opposite opposite direction in the Young-dong intersection in the direction of the opposite direction, and led the Defendant to pass the bicycle on the left side.

Since there is a bicycle lane of one lane, in such a case, there was a duty of care to prevent accidents in advance by keeping a reasonable distance from collision with the other party by those engaged in driving a bicycle well.

Nevertheless, the defendant neglected this and did not maintain a safe distance, and got the victim's front right side part of the bicycle's rear wheels side with the victim's bicycle's front right side, and let the victim go beyond the floor along with the bicycle.

As a result, the Defendant caused the victim to suffer injury, such as the left-hand pelle of the steel pelle which requires approximately six weeks of medical treatment due to such occupational negligence.

2. The facts charged in 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, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, on June 23, 2017, after the prosecution of this case was instituted, a written agreement in the name of the victim stating a defendant's expression of intent not to be punished was submitted to this court. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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