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(영문) 청주지방법원 2014.07.01 2014고정163
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On November 2, 2013, the Defendant: (a) driven a C T-Ra drive on the part of C T-Ra on a 13:30-on-site basis; (b) led the Defendant to drive the C-Ra drive on the left-hand side of the Chungcheongnam-gu, Chungcheongnam-si; and (c) proceeded at a speed below the microsections from the inn part of the road to the boundary of the sea bed; (d) in such a case, vehicles are parked on both sides of the road at a one-lane road of narrow breadth, and thus, (e) the Defendant has a duty of care to take care of preventing accidents by safely driving the vehicle on both sides; and (e) the Defendant was obliged to take care of the victim (hereinafter referred to as the “victim”), who is the driver of the vehicle, to take care of the injury caused to the victim (hereinafter referred to as the “victim”), who is the driver of the vehicle, by driving the vehicle on the left-hand side of the D-k5 vehicle, after having stoppeded the vehicle on the left-hand side, and caused the injury to the victim.

2. We examine the judgment. The facts charged of this case 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 prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to each written agreement bound in the trial records, E, F, and G can be acknowledged as the fact that they have withdrawn their wish to punish the Defendant on June 25, 2014, which is after the instant indictment was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act

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