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(영문) 창원지방법원 진주지원 2019.10.23 2019고단1030
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. Around 19:25 on June 25, 2019, the Defendant: (a) driven a BSP 1.0 DHC car; and (b) proceeded two-lanes from the direction of E to the Moduk-distance distance by driving the DFC car; and (c) driving the DFC car on the direction of Jinju City.

At the time, there was an intersection where traffic control is not performed, so there was a duty of care to prevent accidents in advance by reducing the speed or temporarily stopping, and by checking whether there was a vehicle, etc. entering the intersection first, and driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not temporarily reduce or temporarily stop the speed in front of the intersection, and entered the intersection by automatically straighting, without confirming whether there is a vehicle, etc. being driven by entering the intersection, and thus, the Defendant did not find any GEVO Oral wave driven by the victim F (the age of 62) who is going to the right side on the left side of the Defendant’s front side and went to the right side on the front side of the Defendant’s front side, and made the victim go beyond the ground floor with the front side of the Defendant’s car.

The Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebrovas, in which there are no two internal organs in need of medical treatment for about 12 weeks.

2. Determination is an offense 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 an indictment may not be instituted against the express intent of the victim pursuant to Article 3(2) of the same Act.

According to the records, the victim expressed his/her wish not to punish the defendant on September 4, 2019, which was after the institution of public prosecution. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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