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(영문) 대전지방법원 2016.02.04 2015고정1675
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Around 12:00 on August 8, 2015, the Defendant driven a B Otoba, and proceeded by right-handing at a speed of about 40 km in speed, using three-lanes in speed, from the east-dong bank of mountain-dong where the visible distance is set up in the Seo-gu, Seo-gu, Daejeon, Seo-gu.

The location is near the intersection where signal lights are installed and traffic control is performed pursuant to signals, and in such cases, a person engaged in driving of a vehicle has the duty of care to ensure safety distance and to prevent accidents in advance by safely driving the vehicle in the same direction.

However, by negligence, the Defendant neglected this and proceeded in a direct manner, sent the part on the top side of the driver’s seat of the above Otoba to the part on which the D EX driver, who was standing in the signal waiting room in accordance with the crossing signals, turned down the part on the top side of the driver’s seat of the above Otoba.

As a result, the Defendant suffered from a victim E (here, 30 years of age) who was on board the top of the steering force of a damaged vehicle due to the foregoing occupational negligence, with the injury of early progress without only approximately eight weeks of pharmacologic treatment, and there is no amount necessary to observe the progress.

2. Grounds for dismissing the public prosecution;

(a) Crimes of non-violation of intention (the main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents);

B. The victim expressed his intention not to punish him after the prosecution of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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