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(영문) 대전지방법원 서산지원 2018.08.24 2018고정158
교통사고처리특례법위반(치상)등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives a sports cargo vehicle Ecoin.

On November 21, 2017, around 14:40, the Defendant driving a sports cargo vehicle in column on the front side of the large bus parking lot in the Sari-ri Sea, Seo-do, Taenam-gun, Taenam-gun, and changed the course to a two-lane one-lane between the two-lanes in the direction of the front side of the small bathing beach in the front side of the small bus parking lot in the Sari-ri Sea.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle driving on the vehicle that intends to change the left and right of the motor vehicle and to change the way safely.

Nevertheless, the Defendant neglected this and neglected to change the course, and led the victim F (55) driving G1 ton of the f (55 years) driving in the same direction, which was proceeding along the two-lanes in the same direction, was also shocked into the right side of the sports cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim FF to suffer injury, such as plelle, tensions, and so on, about three weeks of treatment, and the victim H (the 55 years old) who is the passenger, to suffer from the injury of chills, tensions, etc. requiring approximately three weeks of treatment. At the same time, the Defendant damaged the G Poter Cargo to repair KRW 743,387, which is the victim F.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act (a) of the same Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(c) Declaration of non-existence of punishment after an indictment is instituted: A written agreement on August 21, 2018;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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