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(영문) 대전지방법원 홍성지원 2021.03.25 2020고단982
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a passenger car with B low-priced typ.

On April 1, 2020, the Defendant driven the above car on April 14:31, 2020, and proceeded to turn to the left from the direction of the D Center to E by driving it.

At the time, the signal, etc. has not been installed. At the time, the victim F (42) had installed a triang safety sign on the lane where the Defendant was trying to turn to the left, so in such a case, there was a duty of care to prevent the accident in advance by closely examining whether there is an obstacle, such as a person, etc., prior to leaving the right to the right to the left at the intersection, the driver had a duty of care to prevent the accident.

Nevertheless, the defendant did not look at the right side and left left without properly examining the right side and left, and did not find the victim who was sitting on the math road and was engaged in the maintenance and repair of the communication line, and received the victim from the front part of the above low-speed car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the pelle part of the pelle part in need of treatment for about two years.

2. Determination

(a) Crimes of non-violation of an intention: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

B. After the prosecution of this case, a written agreement stating the victim's expression of intention not to punish the victim is submitted.

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

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