At around 07:30 on July 30, 2019, the Defendant driven the above cargo vehicle, and tried to overtake the motor bicycle driving ahead while driving the road near the “D” cemetery located in Young-gun C, Young-gu, Seoul, with the “E Village” side from the “E Village” side to the “Gintersection.”

At the same time, if the driver intends to overtake a motorcycle ahead of the front line as a one-lane road in which the center line of yellow-ray is installed on the left side of the moving direction, he/she has a duty of care to safely proceed at a safe speed and in a safe manner so that he/she does not go against the motorcycle by sending the signal by a horn, etc. to the motorcycle preceding the traffic situation.

Nevertheless, the Defendant neglected this and attempted to overtake the Defendant’s vehicle on the right side of the Defendant’s vehicle’s loading onto the Defendant’s vehicle, taking the left side of the Victim H(74) driver’s license into account, and made the said motorcycle and the victim go beyond the road.

As a result, the Defendant suffered permanent disability of 27% due to the above occupational negligence, such as injury, such as chronological damage, which requires a first diagnosis for about 12 weeks, and finally, damage, such as 6-7 chills and slopings, which led to the Defendant’s failure to trade.

2. The instant case 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, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concern

The record reveals that on July 20, 2020, after the prosecution of this case was instituted, the victim expressed his wish not to punish the defendant.

3. Conclusion.