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(영문) 수원지방법원 2015.07.01 2015고단1203
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a car in D AP loan.

On October 22, 2014, the Defendant driven the above car on October 11, 2011, and driven the three-lane road in front of the zone E in Suwon-si, the front direction of the zone E in front of the Gu at the time of Suwon-si toward the high speed 40km each other at the speed of 3 lanes.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering room, the left and right of the driver and accurately manipulating the steering system of the driver.

Nevertheless, the Defendant neglected to do so and found the Victim F(53) who was flicked by the roadway at the front side of the vehicle, and took a sudden action, but did not avoid it, and had the victim go beyond the ground by shocking the victim with the head of the car operation.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as an unidentified brain or cerebrovascular injury, etc., in detail, without any open address, caused the victim to suffer from an unidentified or incurable or incurable disease.

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 pursuant to 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 prepared a written agreement containing an expression of intent not to punish the defendant on May 7, 2015, after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the

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