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(영문) 의정부지방법원 고양지원 2015.05.21 2015고단22
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving CK5 automobiles.

On August 12, 2014, around 09:05, the Defendant was forced to go straight at the hump high school of salary thousand high school at the intersection at the entrance of the salary-day, 128-15-do, Seocheon-gu, Seocheon-gu, Seocheon-si.

At the same time, the e-mail driven by the victim D (year 71) was in progress, and the defendant followed the above e-mail. In such a case, a person engaged in driving service has a duty of care to ensure safety distance so that he/she can avoid if he/she enters the e-mail, and to accurately manipulate the steering gear and brakes, thereby preventing accidents.

Nevertheless, the Defendant neglected this and tried to turn to the left at the front side of the Defendant’s driving vehicle due to the negligence of driving over the center line by overcoming the center line in order to overtake the above side of the vehicle driving ahead.

As a result, the Defendant suffered from the above victim’s bodily injury due to the above occupational negligence, thereby resulting in an infinite death.

2. Public prosecution dismissal is an offense 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 express intent under the main sentence of Article 3(2) of the same Act.

However, since the victim submitted a written agreement to the effect that he does not want to punish the defendant after filing the prosecution of this case, the prosecution of this case is dismissed.

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