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(영문) 의정부지방법원 2015.06.12 2015고단83
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a vehicle B or another car.

On December 05, 2014, the Defendant driven the above car on December 12:30, 2014, and proceeded with a road of 124 lanes in front of the 124 telegraph in white school as the clean clean of the Gyeonggi-gun.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by safely driving the motor vehicle, such as taking the front door well and accurately operating the steering gear and steering system.

Nevertheless, the Defendant neglected to do so and proceeded to the right side of the DT-100 motorcycle driven by the victim C(74 years old) who was driving on the front side of the Defendant, and had the victim go beyond the floor with the white part on the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a revolving revolving the left-hand shoulder, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

2. The above 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 Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the agreement, the victim C expressed his/her wish not to punish the defendant on April 26, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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