교통사고처리특례법위반
The prosecution against the defendant is dismissed.
1. On March 30, 2016, the Defendant was a person engaging in driving a D radar car, and the Defendant was driving the said car on March 15, 2015:45 to make a left-hand turn at a speed of about 20 km per hour in the direction of the exit in the parking zone of the 3rd floor of the Mat-ro, Seocheon-gu, Seocheon-gu.
Since the place is a large marina parking lot and a place where human movement is frequent, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by proceeding the accident on a full basis, only if there is no person driving around the vehicle, after checking whether he/she is a person around the motor vehicle, and only if there is no person driving around the vehicle.
Nevertheless, the Defendant neglected this, and caused the Defendant to go beyond the left side of the pertinent radar car by taking the victim E (the 53 years old) who was walking the shopping car on the left side from the Defendant’s occupational negligence, leading the shopping car from the Defendant’s right side to the left side.
Defendant 1 suffered injury, such as duplicating the right side in need of approximately eight weeks of treatment due to such occupational negligence.
2. The instant crime is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and 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 agreed with the defendant on September 22, 2016, which was after the prosecution and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.