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(영문) 광주지방법원 순천지원 2016.06.09 2016고단258
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving C cargo vehicles.

On January 25, 2016, the Defendant driven the above cargo vehicle around 14:30, and proceeded at a speed of about 70 km from the surface of the city to the view distance of 30 km, depending on the two-lane road near the entrance of the village in the Mayang-si.

At the time, the Defendant had a duty of care to maintain the safety distance, and to safely operate the steering and steering gear by accurately manipulating the steering gear, while maintaining the steering distance and the right and the right and the right and the right and the right.

Nevertheless, the defendant neglected to perform the above duty of care and neglected to proceed as it is and thereby caused the part of the above cargo to be loaded onto the left part of the cargo vehicle driven by the victim to the front part of the above cargo vehicle driven by the defendant.

Defendant 1 caused the victim to suffer injury, such as the cage of a cage cage, which requires approximately six weeks of medical treatment due to such occupational negligence.

2. The instant case is an offense 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In such a case, the victim expressed his/her intention not to have his/her punishment against the defendant on June 8, 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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