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(영문) 대구지방법원 상주지원 2016.09.20 2016고단364
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving of DPoter 2 cargo vehicles.

On June 20, 2016, the Defendant was driving the said vehicle on around 11:55 and permanently staying at E, and the Defendant was driving the F’s greenhouse road in front of it from the direction of the volcanic village farming road to the parallel of Sacheon-ro.

At this point, there is a vinyl installed on the right side of the direction of the passage along a farm road with a narrow concrete package, and thus, there was a duty of care to prevent accidents by safely proceeding with a safe progress after reducing the speed or temporarily stopping a vehicle in response to road conditions.

Nevertheless, the defendant neglected this and neglected to do so.

I think of the speed of the victim G(78 tax) driving from the right-hand side of the victim G(78 tax) to turn to the right-hand side without temporarily reducing the speed or temporarily suspending the speed, and found late later the H 100 U.S. drive in the right-hand side of the defendant's driving, but the victim's front part of the front board of the vehicle of the defendant's driving, etc. was not faced with the victim's front part.

Ultimately, the Defendant suffered from the injury of the victim G due to the above occupational negligence by suffering from an injury of blood transfusion, etc. from an injury to the victim G with no open address in the treatment period.

2. Determination:

(a) Crimes of non-violation of an intention: Article 3 (1) and the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

(b) Indication of the history of punishment of the deceased after the institution of public prosecution: A written agreement on September 20, 2016;

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

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