피고인은 2013. 3. 17. 18:45경 위 오토바이를 운전하여 군산시 산북동 소재 백제산업계기 앞 편도 1차로를 은파장례식장 방면에서 소룡동 방면으로 진행하던 중, 당시는 해질녘인 데다가 비가 내리고 있어 전방 시야가 흐린 상태였으므로 운전업무에 종사하는 사람에게는 속도를 줄이고 전방좌우를 잘 살펴 길을 건너는 사람이 있는지 여부를 확인하는 등 안전하게 운전하여 사고를 미리 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the defendant neglected this and found the victim D (the age of 30) who was crossing the road from the right side of the bed and operated immediately, but did not avoid the action and did not go beyond the ground.

Ultimately, the Defendant caused the victim to suffer injury, such as the cutting of internal walls, which require approximately eight weeks of medical treatment due to such occupational negligence.

2. 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, which 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. Since a written agreement was submitted to the court on September 10, 2013 after the institution of the instant case, to the effect that the Defendant’s punishment is not wanted, the instant indictment is dismissed pursuant to Article 32

It is so decided as per Disposition for the above reasons.