교통사고처리특례법위반(치상)
The prosecution of this case is dismissed.
1. The summary of the facts charged is a person who is engaged in driving of Bwing and 31 ton cargo vehicles.
On September 17, 2018, around 08:17, the Defendant was driving a motor vehicle in front of the Young-gun, Young-gu, Chungcheongnam-do and continued to run the motor vehicle on seven (7) sides from the side of the livestock port.
In this case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident by safely driving the motor vehicle. In this case, the driver of the motor vehicle had a duty of care.
Nevertheless, the Defendant neglected this and interfered with the Defendant’s negligence, which led to the collision of the victim of the trucking lane.
As a result, the Defendant suffered serious injuries, such as invertebrate damage, which requires at least 12 weeks of treatment, which may cause risks to the life of the victim through occupational negligence as above.
2. The facts charged in the instant case constitute a crime falling under Article 3(1), the proviso to Article 4(1)2, or Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.
According to the written agreement written by E, which is the representative of the victim bound in the public trial records, it can be acknowledged that the victim's representative expressed his/her wish not to punish the defendant after the prosecution is instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.