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(영문) 서울동부지방법원 2015.07.28 2015고정878
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a bicycle driver.

On December 29, 2014, the Defendant driven a bicycle on December 21, 2015, and led the two-lanes in front of the Seongdong-gu Seoul Metropolitan apartment commercial building to run the two-lanes along the gold range from the boundary of the new gold zone.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by safely operating the steering gear and steering the steering gear accurately.

Nevertheless, the Defendant neglected this and she frighted to drink and fright a bicycle, and frighted at the same place, and dives owned by the victim C (ma, 24 years old).

After all, the Defendant damaged the property worth approximately KRW 320,000, such as the above damages by negligence in the course of business as above.

2. The facts charged in this case are crimes falling under Article 151 of the Road Traffic Act, and shall not be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the trial records of this case, it can be recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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