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(영문) 의정부지방법원 고양지원 2020.02.04 2019고단2265
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving BK3 automobiles.

On May 17, 2019, around 19:33, the Defendant came to turn to the right from the side of the D apartment to the E Hospital.

At night, when there is a vehicle that is driven by the cross-section signal in both directions, the left turn should not be made, and there was a duty of care to safely turn to the left by considering the situation of the vehicle travelling at the intersection.

Nevertheless, the defendant neglected to turn to the left without neglecting it, and the front part of the G Two-wheeled Automobile driven by the victim F (the age of 26) who proceeded with the opposite vehicle according to the Madden Signals was shocked with the front part of the passenger car of the defendant.

Ultimately, the Defendant caused the victim to suffer from the injury of the external wound cutting, etc. in the middle part of the trees by occupational negligence as above, thereby causing the victim to be influence.

2. Determination

(a) Provisions of applicable Acts to criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

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

C. On December 2, 2019, the victim’s wish to punish by submitting a written agreement is withdrawn.

(d) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;

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