The prosecution of this case is dismissed.

Nevertheless, the court below erred in the misapprehension of law that sentenced the Defendant to a four-month imprisonment without prison labor.

2. The summary of the facts charged in the instant case is a person who is engaged in driving a C low-priced car.

On June 6, 2015, at around 00:20, the Defendant continued the front road of the E-cafeteria in Kimcheon-si D to the 2nd page of welfare in Kimcheon-ro.

At the time, since it was night and a narrow down road, there was a duty of care for a person engaged in driving duties to drive safely by checking the front side and the right and the right.

Nevertheless, the defendant neglected this and neglected the body part of the victim F (ma, 52 years old) who was living on the front bank road by negligence.

Ultimately, the Defendant suffered from a serious injury on the part of the above victim due to the dives of the alley that requires approximately 12 weeks of medical treatment due to the foregoing occupational negligence.

3. Determination

A. The lower court found the Defendant guilty of the above facts charged and sentenced the Defendant to a suspended sentence of imprisonment without prison labor for four months.

B. The facts charged in the instant case 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, and the prosecution may not be instituted against the express intent of the victim pursuant to the main sentence of Article 3(2) of the same Act even if the victim suffers serious injury.

According to the records, on November 4, 2015, prior to the pronouncement of the judgment of the court below, the agreement that the victim agreed with the defendant and the defendant expressed his intention not to raise any objection against the civil or criminal law has been submitted to the court of original judgment.