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(영문) 수원지방법원 2018.12.11 2018고단5510
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving of CPoter-II trucks.

On May 9, 2018, the Defendant: (a) parked on the E-Road located in Sinsan-si D around May 14:48, 2018.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check and drive the course safety by properly examining the side and side of the motor vehicle.

Nevertheless, when the defendant neglected to do so and neglected to do so, the victim F (F, 70 years of age) who was on the back of the cargo vehicle of the defendant who was on the back of the Marina, as the part on the loading of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as cutting down the upper right frame, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

2. This part of the facts charged pertaining to the determination of dismissal of a public prosecution falls under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and thus, cannot be prosecuted against the victim’s explicit intent under the same paragraph

The record reveals that on December 6, 2018, after the institution of the instant prosecution, a written agreement containing the content that the injured person was not punished against the defendant was submitted to this court.

3. According to the conclusion, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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