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(영문) 광주지방법원 2016.04.19 2016고정214
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the driver of Csch Rexrothton car.

On September 14, 2015, the Defendant driven the above vehicle on September 14, 2015, and proceeded with Gwangju TG on the south-gun in terms of the china.

At the same time, the E-learning vehicle driven by the victim D (54 tax, female) for the payment of the fee was under stop.

In such cases, a person who dies in the duty of driving has a duty of care to operate safely by accurately operating the steering gear and operating the steering gear in front of the road.

Nevertheless, the defendant neglected this and tried to see the damaged vehicle due to negligence.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in a shoulder boom, which requires approximately two weeks of medical treatment, due to such occupational negligence.

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 268 of the Criminal Act, and cannot be prosecuted against the victim’s express 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 is recognized that the victim expressed his wish not to punish the defendant on April 4, 2016, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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