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(영문) 대전지방법원 서산지원 2014.04.24 2014고단6
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person engaging in driving of a 11.5 tons long-term vehicle B.

On July 2, 2013, the Defendant driven the above vehicle on July 13:40, 2013, and led to the progress of the vehicle back to the scrap metal storage on the rear side of the Yeong-eong-eong-e, Busan Metropolitan City Yandong, Inc.

At the time, the victim C(53 years of age) was engaged in work on the rear side of the vehicle, and thus, the person engaged in driving service had a duty of care to safely drive the vehicle by making a rear signal in advance and by checking well the right and the right and the right.

Nevertheless, the Defendant neglected this and led the victim's body, which was working in the right side of the vehicle, to the right side of the victim over the thring of the vehicle, by shocking the victim's body back to the left side side of the vehicle, and served as the wheels behind the left side of the vehicle.

As a result, the Defendant suffered serious injury, such as the frame of reproduction on the right side, which requires treatment for more than five months, due to the above occupational negligence.

Judgment

The facts charged in this case are crimes falling under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which cannot be prosecuted against the will expressed by the victim under the main sentence of paragraph (2) of the same Article.

However, according to the records, the victim submitted a written agreement that he/she does not want to punish the victim on March 28, 2014, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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