The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

A. The crime of this case cannot be prosecuted against the clearly expressed will of the victim. Before the judgment of the court below is rendered, the defendant submitted a written agreement with the victim stating the victim's intention not to punish the defendant. Thus, the prosecution of this case should be dismissed. However, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below (the defendant) on the grounds that the sentence of unfair sentencing (the two years of suspended execution in August and the community service order 120 hours) is excessively unreasonable.

2. (1) The proviso of Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that “When a victim suffers a danger to his/her life due to bodily injury, an influence, or an influent or incurable disease,” the special provision concerning punishment does not apply to the case where an insurance or mutual aid is subscribed to as provided in the main sentence of Article 4(1). On the other hand, Article 3(2) of the same Act provides that “where a victim suffers a danger to his/her life due to a bodily injury, an influence, or an influent or incurable disease due to a bodily injury,” it does not provide for “where a victim suffers a danger to his/her life due to a bodily injury, or where a disease due to an influent or incurable disease due to

In light of the above relevant provisions, in a case where the driver of a vehicle commits the crime of injury caused by negligence in the course of duty due to a traffic accident and the victim is in danger of life or is not injured, or a fatal or incurable disease occurs, the driver of the vehicle can be punished regardless of whether the vehicle which caused the traffic accident is covered by insurance or mutual aid under Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, but even in such a case