교통사고처리특례법위반
The prosecution of this case is dismissed.
1. On October 21, 2012, the Defendant: (a) around 12:40 of the facts charged in the instant case, at around 12:1, 2012, the following: (b) the Defendant was driving a one-lane road in front of the mountain village in the northwest-ri, Seog-do, Seog-do; (c) was passing through the intersection along which the said road and the farming road are connected.
In such a case, the driver has a duty of care to drive safely by examining whether another motor vehicle in the intersection passes well, but the defendant neglected to do so, while entering the same as it is, the defendant got the part of the victim D(78 years old) driving engine which entered the above intersection from the right side of the direction of the defendant's proceeding to the left side, and got the victim into the front part of the cargo vehicle of the defendant's victim D(78 years old) driving, and caused the victim to suffer a mination of the upper part of the left side which requires about 10 weeks medical treatment.
2. The judgment 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 Article 3(2) of the same Act. According to the records of this case, it is clear that the victim expressed his/her intention not to prosecute the defendant against the investigation agency around November 6, 2012, before the prosecution of this case is instituted.
Thus, the above public prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act because the procedure of prosecution is invalid because it violates the provisions of law.