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(영문) 전주지방법원 2016.07.19 2016고단545
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a motor device or bicycle.

On February 15, 2016, the Defendant driven a bicycle for a motor device 09:20, and driven a two-lane road in the front direction of the E, which is located in Jinjin-gu, Chungcheongnam-gu, Jeondong-gu, Seoul, with two-lanes from the direction of the Jindong-gu, the Defendant proceeded at about 10km each hour from the direction of the Jindong-gu square.

At the time, FF bus stops at a bus stop in order to let passengers get off the bus, so there was a duty of care to safely drive the bus and prevent accidents in advance by safely driving it after reducing speed for those who are engaged in driving motor device bicycles and checking well whether there are no passengers getting out of the bus.

Nevertheless, if the defendant did not properly look at the front, and did not find the victim G (at 24 years of age) who was broken down at the bus above the front part of the motor device bicycle, the defendant suffered injury, such as inside the right joints and joints, which require approximately 6 weeks of treatment, due to the front part of the bicycle.

2. The instant facts charged are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 the records, the victim can be acknowledged that he/she expressed his/her intention not to be punished against the defendant through the submission of the written agreement on April 5, 2016, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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