교통사고처리특례법위반(치상)
The prosecution of this case is dismissed.
All of the applicants' applications for compensation shall be dismissed.
The summary of the facts charged in this case is that the Defendant is a person engaged in driving of D Poter freight cars.
On May 30, 2020, the Defendant driven the above cargo vehicles around 17:35, while driving the front road of Gwanak-gu in Seoul Special Metropolitan City along the e-mail gate from the e-mail gate to the e-mail gate of the e-mail gate.
In this case, there was a duty of care to prevent accidents in advance by safely driving a driver of a motor vehicle, who is engaged in driving business.
Nevertheless, as long as the Defendant neglected his duty at the front time, the Defendant did not seem to have stopped at the bus stop due to negligence in neglecting his duty at the front time, and received the bus subsequent to the bus due to the front of the said cargo vehicle.
As a result, the Defendant suffered from the injury of the victim C (V, 57 years of age) who was on board the bus due to the above occupational negligence, such as an injury of blood transfusions, etc. from the two traumas requiring approximately 12 weeks medical treatment, and an injury of the victim B (V, 63 years of age), which requires approximately 3 weeks medical treatment.
2. The judgment of the court below is the case 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 Concerning the Settlement of Traffic Accidents.
According to the statement of the "traffic accident agreement and the written application," which was bound by the records, the victims voluntarily withdrawn their wish to punish the defendant on December 28, 2020, after the prosecution of this case was instituted.
3. In conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and each of the applicants for compensation is without merit. Thus, all of the applicants for compensation is dismissed in accordance with Article 32 (1) 2 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.