교통사고처리특례법위반
The prosecution of this case is dismissed.
1. On January 4, 2013, the Defendant, at around 10:45, was driving a Cchip car and was driving in the vicinity of the 457-dong, Gangnam-gu, Gangnam-gu, Seoul, with a side road of the 3rd road of the Dodong road, and the location is combined with two lanes. In such case, the Defendant neglected the duty of care to safely operate the vehicle by reducing the speed and checking whether there is a vehicle entering another lane. However, despite the fact that the Defendant neglected the duty of care to safely operate the vehicle, the Defendant sustained the part above the left side of the K5 si driving by the victim D (6 years old) who entered the two lanes from another lane and caused the victim to suffer injury to the road due to the damage in the shape of the flap.
2. The case is a crime 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 explicit intent under the main sentence of Article 3(2) of the Criminal Act. According to the written agreement bound in the trial records, the victim D can recognize the fact that he explicitly expresses his wish not to punish the defendant on September 17, 2013, which is the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.