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(영문) 창원지방법원 통영지원 2013.05.06 2012고단1169
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a two-wheeled vehicle with CL125 wheels.

Around 23:20 on May 11, 2012, the Defendant driven a two-lane of the two-lane of the two-lane of the two-lane in the Sinyoung Culture dong, along the two-lanes from the right side of the Chungcheong High School, to the 40-50 kilometers in speed.

At the time, the night road is a bend road, and there is a duty of care to reduce speed for the person engaged in driving service and to safely drive by checking the traffic situation well.

Nevertheless, the defendant neglected this and did not discover the victim D (50 years of age) who was pushing a finger in front of the direction of the course of the defendant's collision by negligence, and did not discover the victim D (50 years of age) and got the victim to go beyond the ground in front of the two-wheeled vehicle.

The Defendant suffered injury, such as flaver pulver puling, which requires approximately 12 weeks of treatment, to the victim due to occupational negligence.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be punished against the victim’s express intent under Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the written agreement bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on April 16, 2013, which is the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of

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