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(영문) 서울남부지방법원 2013.03.11 2012고단4724
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant is engaged in driving CBR125R, and on September 6, 2012, at around 12:4, the Defendant is a person who is in charge of driving CBR125R, driving the above Obane and driving the front road in front of the traffic information center of Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, 919-3, by driving the above Obaon on September 6, 2012 at about 40-50 km each hour between the two lanes in the direction of Hong-ri Hospital Hospital in the direction of the CBS Broadcasting Station. Since there is a right crossing, the vehicle driver is a place, so the vehicle driver is negligent in neglecting the flow of other vehicles with a duty of care to drive safely and without being negligent in driving the vehicle, and the victim XIV who was driving along the two-lane road adjacent to the two-lane road, resulting in the Defendant's injury to the right side part of the EIV, such as the Defendant's injury to the right side.

2. We examine the judgment. The above 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 prosecuted 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 agreement submitted to this court on March 5, 2013, it is recognized that the victim’s legal representative declared his/her intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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