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(영문) 서울서부지방법원 2015.07.16 2015고단1329
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person driving BCA110 Obaba as his/her duties.

At around 13:20 on January 29, 2015, the Defendant driven the above Oralba, and see from the front side of Seoul C, see from the north-ro 10-lane to the north-ro 10-lane.

In this case, the defendant engaged in driving service has a duty of care to safely move back due to the correct operation of the steering and brakes while living well before and after the defendant.

Nevertheless, the Defendant neglected this and took part of the body part of the victim D (the age of 85, female) who was walking on the way before the direction of the progress of the aftermathal due to negligence and received the back part of the Defendant Oralba.

The Defendant, due to the above occupational negligence, injured the victim, knenee, knee, knee, etc. in need of treatment for about four weeks.

2. The determination is a crime 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 Act on Special Cases concerning the Settlement

However, according to the traffic accident agreement submitted on March 12, 2015, the victim revoked his/her wish to punish the defendant on March 12, 2015, which was after the institution of the instant prosecution.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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