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(영문) 서울동부지방법원 2018.07.12 2018고단1294
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is as follows: (a) on March 6, 2018, the Defendant driven a motor vehicle unregistered in the direct market of Songpa-gu Seoul Special Metropolitan City B, which was driven at a speed of 6 weeks from the direction of the Gain Fire Station; and (b) in such a case, the driver of the motor vehicle in this case had a duty of care to prevent the accident by accurately operating the steering direction and brakes and safely operating them in the direction of the Gain Fire Station; (c) even though he had a duty of care to prevent the accident in advance, he did not look at the back of the motor vehicle due to the occupational negligence that did not properly operate the steering direction and brakes, and was coming from the back of the motor vehicle due to the victim D (the other, the 50 years old)'s body and the side and the wheels of the left side of the motor vehicle and the wheel with its wheels, thereby resulting in the injury, such as dumpinging, etc. that require a six-day medical treatment.

However, 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 cannot be prosecuted against the victim's explicit intent pursuant to Article 3(2) of the same Act. According to a written agreement entered into by the victim bound in the trial records, the victim can be acknowledged the facts that he/she expressed his/her intention not to be punished against the defendant on June 11, 2018, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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