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(영문) 인천지방법원 2013.11.11 2013고정2507
도로교통법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in driving service of the city bus B.

On April 23, 2013, the Defendant driven the above bus on April 18:30, and proceeded along the three-lane roads in front of the Yeonsu-gu Incheon Metropolitan City Village Apartment apartment, Yeonsu-gu, Incheon, according to the two-lanes from the west Scam to the west-do Park.

Since the driver was getting off at the time, there is a duty of care to maintain a safety distance to avoid congested with the vehicle in front and to prevent the accident by safely driving the vehicle in advance by reducing the speed and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded as it is, but found that the victim C was at the latest driven by the signal signal at the front of the bus while driving the DMW car at the front of the road and operated it rapidly, but the broom is dissled, and the Defendant did not avoid it, and received the rear part of the victim's passenger car at the front of the bus.

Ultimately, the Defendant damaged the victim’s car by occupational negligence as above, which is equivalent to approximately KRW 42,80,000 for repairing costs, such as the replacement of the victim’s car.

2. The instant facts charged are crimes falling under 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 concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim withdraws his/her wish to punish the Defendant on November 11, 2013, which was the date the instant prosecution was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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