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(영문) 대구지방법원 2013.05.15 2013고정587
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person driving B CT 110 Oral Ba.

At around 12:40 on November 23, 2012, the Defendant driven the above Oba, and led to the direction of the yellow obaba in Daegu Suwon-dong, the sn beamline from the side of the sn beam to the yellow apartment, about 30-40km in speed.

At the time, there was a person crossing the right from the left side of the direction of the Otoba, so the person engaged in driving service has a duty of care to live well on the front side and the left side and drive safely.

Nevertheless, the Defendant neglected to do so and drive it as it is.

The body part of the victim C(73 years of age) was passed beyond the road by the defendant's right chest part.

Ultimately, the Defendant suffered from an acute cerebral cerebrovascular injury requiring approximately six weeks of the treatment period due to the above occupational negligence.

2. The instant facts charged 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 under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. According to the records of the instant case, it can be acknowledged that a document stating the victim’s expression of intent not to be punished against the victim on March 1, 2013, which is subsequent to the instant indictment, was submitted to this court. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6

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