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(영문) 의정부지방법원 고양지원 2014.07.04 2013고단2244
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving service of B'Raba and FRP freezing towers.

On August 8, 2013, the Defendant driven the said freezing on a freezing tower, which was moving back to the front of the mountain market in Ansan-gu, Seoyang-si.

Since the time was long and long, there were many people in the daily market and narrow gap in length, the defendant engaged in driving service had a duty of care to prevent accidents in advance by safely taking into account the traffic situation of the rear side and preventing accidents.

Nevertheless, the Defendant neglected this and opened a door without properly examining the back door, and was negligent in driving, and received C (the age of 79) a victim C (the age of 79) who was walking on the rear side of the freezing tower, from the open back of the freezing tower.

Ultimately, the Defendant suffered injury to the victim, 12 weeks of the above occupational negligence, “Along with 11 pulse pulse and 3 times in the chronty.”

2. The facts charged of this 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, which 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 agreement bound in the records, it is recognized that the victim expressed his/her intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327

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