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(영문) 인천지방법원 2017.02.16 2016고단8638
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the person engaged in driving C in the instant case.

around 14:10 on October 31, 2016, the Defendant followed the roads connected to E agencies located in Nam-gu Incheon Metropolitan City D.

At all times, the access road of the above agency, where the sidewalk is connected to each other, and there is a large number of ordinary pedestrians, so the person engaged in driving service has a duty of care to accurately operate the steering wheel and brake system, drive the steering wheel and brake in front, rear, and left well, thereby preventing accidents by safely driving it.

Nevertheless, the victim F (the age of 83) who walked the place by negligence without neglecting the direction of the proceeding and without neglecting it, was against the back wheels of the victim F (the age of 83).

Ultimately, the Defendant suffered from an injury, such as dysium flafing, etc., to the victim for approximately eight weeks of medical treatment due to such occupational negligence.

2. The above act is a crime 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 explicit 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, it can be acknowledged that the victim agreed with the defendant on January 31, 2017, which was after the prosecution and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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