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(영문) 춘천지방법원 강릉지원 2017.11.08 2017고정286
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person charged without charge, who is engaged in Branchising and driving a car free of charge.

On May 31, 2017, the Defendant, at around 12:30, driven the above vehicle, and led to the driving of the above vehicle at around one-lane in the direction of the Gangseo-gu branch of the Highway 37 km in the direction of the Gangseo-gu branch of the Highway 37 km in the direction of the river.

At this point, since the road of the road of the road of the 2nd metropolitan line is the road of the road of the road of the road of the same road, the driver of the motor vehicle has the duty of care to drive the motor vehicle at a safe speed while accurately operating the front section and the right and the right and the right and the right and the right and the steering system.

Nevertheless, by negligence that does not maintain the safety distance with the front vehicle, in order to avoid the collision with the front vehicle, the two-lanes of the white real vehicle are changed to the two-lanes, and the part that the victim C(31)'s driving driving in the second-lane of the same direction, which is driving in the same direction, conflicts with the front part of the front part of the Defendant's driving vehicle.

Ultimately, Defendant E (30) suffered injury, such as salt dynasium, tension, etc., in need of the two-day treatment of the crynasium from the victim E (30) who was on the part of the above victim C or the chief of the crynas.

In addition, after the left side of the above K5 vehicle volume, the repair cost of KRW 2,785,581, such as repair cost, was damaged.

2. The violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and cannot be prosecuted against the victim’s express intent pursuant to the main text of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Thus, it can be acknowledged that the Defendant agreed with the victims after instituting a prosecution that the victims would not be punished. Thus, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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