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(영문) 광주지방법원 2017.07.13 2017고정659
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaging in driving a motor vehicle with sod vehicle B.

On February 16, 2017, the Defendant driven the above car at around 09:35, and led the front road in Gwangju Mine-gu C, one-lane, one of six-lanes in the direction of the Southern Zone, in the direction of the Southern Zone, to drive the said car at an indefinite speed.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and steering the steering gear well, and to prevent accidents in advance.

Nevertheless, the Defendant neglected the Defendant’s negligence and led the victim E’s 5 K5 car driven in front of the Defendant’s car, followed by the Defendant’s vehicle, and the said K5 passenger car was pushed ahead of the Defendant’s vehicle in front of the passenger car, and due to the shock, received the part behind the Defendant’s G car driven in the victim FF (37 years, knife, knife) who was waiting at the front of the signal at the front of the vehicle.

After all, the Defendant suffered, by the above occupational negligence, around two weeks from the victim F and the victim passenger H (H (H) of the damaged vehicle, respectively, salt and tensions in need of treatment. The Defendant damaged the victim I’s car to repair KRW 2,277,000.

2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 151 of the Road Traffic Act, and cannot be prosecuted against the victim’s express intent pursuant to the main text of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The records of the instant case acknowledged that the victims expressed their intent not to be punished by the defendant, as the victims agreed in the process of public trial after the indictment, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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