On November 10, 2016, the Defendant driven the above cargo vehicle around 05:38, and led the front road of Dobong-gu Seoul Metropolitan Government to proceed along the three-lanes of the two-lanes of the two-lanes, one of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

At the time, it was difficult to keep the surrounding areas at night. In such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by taking the front door and left door.

Nevertheless, the defendant neglected this and found the victim D (50) crossing the road from the right side of the defendant's proceeding to the left side by his negligence, which led the victim to go beyond the ground.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as an acute 12 week medical treatment, an out-of-the-counter transfusion, and an out-of-the-counter surgery.

2. Determination

(a) Applicable legal provisions: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Crimes of non-violation of an intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

C. On June 26, 2017, after the institution of the instant indictment, a written agreement stating the victim’s intention not to punish the victim was submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;