교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
The prosecution of this case is dismissed.
1. As to the facts charged in this case, the summary of the grounds for appeal, which is the crime of non-compliance with will, the defendant did not dismiss the prosecution of this case even though the victim did not want the punishment of the defendant before the judgment of the court of first instance was rendered, the court below erred by misapprehending the legal principles.
2. The summary of the facts charged in the instant case is a person engaging in driving of B ready-mixed vehicles.
On January 19, 2019, at around 11:15, the Defendant got to make a right-hand turn from the viewing side along three-lanes of the 3-lane distance from the annual city in the Sogsan-dong, Busan.
In such cases, there was a duty of care to check the right and the right and the right of the driver prior to the right and the safety of the course, and prevent the accident in advance.
Nevertheless, the Defendant neglected this and received the front part of the victim C's bridge surface in the vicinity of the crosswalk due to the occupational negligence, which led to the Defendant's failure to take part in his/her right side of the truck.
Ultimately, the Defendant caused the victim to suffer injury, such as damage to the right-hand part, which requires medical treatment for about 16 weeks, due to the above occupational negligence, and caused the victim to cut off the victim’s right-hand part 1,2,3,4.
3. 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.
However, according to the records, the victim prepared a written agreement on May 3, 2019 that he/she shall not be punished against the defendant, and submitted the above written agreement to the court below on May 27, 2019, the first instance court prior to the issuance of the judgment. The above facts of recognition are examined.