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(영문) 수원지방법원 2018.01.18 2017고단7341
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving a car in CSpo-type.

On October 4, 2017, the Defendant driven a motor vehicle at the Spopo-si Spo-si Spo-si around 07:30 on October 4, 2017, and proceeded along the road of 445-lane 4-lanes in front of the distance south of the entrance of the Spo-si, Gpo-si, Young-si, with three-lanes from the new direction to the direction of the original village.

At the same time, there is an intersection at the front, and the defendant's four-lanes in the defendant's running direction is the victim D (40 eba), so in such a case, the driver of the motor vehicle has a duty of care to take care of the situation well and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground by shocking the front side of the victim's driver's vehicle at the right side of the motor vehicle in the right side by negligence before the right-hand as it is.

Ultimately, the Defendant suffered injury to the victim during the aforesaid 13 week period of medical treatment due to 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the same Act.

In such a case, it is apparent that the victim explicitly expressed his/her intention not to be punished against the defendant on December 29, 2017, which was after the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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