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(영문) 대전지방법원 2014.07.03 2014고정912
교통사고처리특례법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a BSP car.

On March 23, 2014, at around 15:30 on March 23, 2014, the Defendant driven the above vehicle, and led to the left-hand turn to the right-hand turn-hand turn-hand turn-on of the four-lane, which is the straightest two-lanes of the two-lane roads, from the dives of the Jandong-gu, Daejeon-gu to the boundary of the Jandong-gu.

Since the notice was placed on the road to turn to the left only one and two-lanes among seven-lanes, there was a duty of care to check the safety of the course and to prevent accidents by checking the post-way left and right turn.

Nevertheless, the Defendant neglected to turn to the left as it is, and instead, took part of the victim C (39 years old) driving D's right side side of the D's vehicle that was going to the left at the two-lane in the same direction as the left left-hand turn.

As a result, the Defendant suffered injury to the victim by occupational negligence for about three weeks, such as light fluoral salt, which requires treatment, and at the same time damaged vehicles, damaged property to cover KRW 15,974,200.

2. The judgment is a crime falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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 According to the records, the victim can be recognized as having withdrawn his/her wish to punish the defendant on June 12, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 32

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