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(영문) 서울북부지방법원 2019.10.31 2019고정1534
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who is engaged in driving of bicycles, drives bicycles around 17:51 on June 16, 2019, and driving the bicycle on the bicycle lane 65-gil 65, 18-ro, Dobong-gu, Seoul, at a speed that would not be known in the direction of offset against the other in the Chang-dong intersection.

In this case, the bicycle driver has a duty of care to properly see the front side and the left side and accurately manipulate the front side and the hosp of the hosp, thereby preventing the accident.

Nevertheless, the defendant neglected this and went beyond the road by shocking the body side of the victim B (53 years old, female) who crosses the road from the right side of the proceeding direction to the left side of the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim’s spathy (to the right-hand side, to the right-hand side of the spathy), the spathy (to the right-hand side of the spathy, to the right-hand side of the spathy), the spathy (to the right-hand side of the spathy, to the right-hand side of the spathy), etc.

2. The instant case is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and shall not be prosecuted against the express will of the victim under Article 3(2) of the same Act.

According to the records, the victim expressed his/her wish not to punish the defendant on August 29, 2019, which was after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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