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(영문) 서울동부지방법원 2016.01.15 2015고정1997
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving a BSP car owned by Hyundai Capital (State).

On 01. 06. 16. 01. 01. 06. 16:25, the Defendant driven the above vehicle, and proceeded inside the 932 Gain market as Songpa-gu Seoul.

In such cases, a driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to ensure that the driver of a motor vehicle is obliged to properly report the traffic situation on the front-

Nevertheless, the defendant neglected this and neglected to proceed to the right side, and the victim C (45 years old, South) who is driving by the auction place from the right side to the left side of the progress direction, did not discover the DCA 110 V motor bicycle and did not conflict the left side of the victim driving vehicle with the front part of the defendant driving vehicle.

As a result, the defendant suffered injury to the victim due to occupational negligence, such as "Slovas v. Slovas v. Slovas v. Slovas v. Sl.

2. The facts charged in the instant case fall under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the trial records of this case, it can be recognized that the victim expressed his/her intention not to be punished for the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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