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(영문) 인천지방법원 2017.08.16 2017고단3505
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who is engaged in driving a truck truck and freight truck.

On January 24, 2015, the Defendant driven the above vehicle on January 24, 2015, and proceeded three lanes in front of the Incheon Bupyeong-gu D, Incheon, along three-lanes from the sloping distance room to the sloping side of the sloping Home plug, and turned by right at a speed of about 10km.

In the above case, the driver of the vehicle has a duty of care to check the safety of the course by checking well the right of the direction prior to the right of the vehicle to the right of the right of the right of the right of the right of the right of the right of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded by bypassing it to the right side of the vehicle, and the front side of the bicycle driven by the victim E (M, 42 years old) driving on the right side of the mast and the road for the combined use of bicycles and pedestrians, was shocked into the front side of the above vehicle. Then, the victim beyond the floor was assigned to the rear wheels of the above vehicle.

As a result, the Defendant suffered injury while having the victim unable to walk due to an in-depth disorder caused by the foregoing 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 recognized that the victim agreed with the defendant on August 4, 2017, which was after the prosecution and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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