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(영문) 전주지방법원 2016.09.06 2016고정562
교통사고처리특례법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. On April 9, 2016, the Defendant: (a) drive a C-A-to-purd motor vehicle as his/her duty; (b) started from the front line of the C-to-hurgic Residents’ Center at the time of Jeonju-gu with a distance of 541 in front of the C-to-hurgic Noise and Vibration Center at the right side of the C-to-hurg, one-lane from among three-lanes.

When a person engaged in driving service intends to change course, he/she has a duty of care to inform the direction of the change in advance by hand or direction direction, etc., and to make the situation of traffic in the front, left and rear, and safely change the lane.

Nevertheless, the Defendant neglected this and went from the first lane to the second two-lane, resulting in the Defendant’s negligence of changing the course to the second two-lanes, and was placed in front of the left-hand side of the victim’s automobile E in the case of the victim’s automobile, and was sleeped to the right-hand side of the Defendant’s vehicle.

Therefore, the Defendant suffered injury to cerebrovasty, etc., which requires medical treatment for about two weeks, due to such occupational negligence, and damaged the above so that approximately KRW 1,394,173 of water can come into consideration.

2. The above facts charged are crimes falling under 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concern

However, according to the records, the victim D expressed his/her intention not to be punished against the defendant through the submission of the written agreement on August 18, 2016, which was after the prosecution of this case.

Therefore, pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, all of the prosecutions of this case are dismissed. It is so decided as per Disposition.

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