The defendant's appeal is dismissed.

1. Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Concerning the Punishment of Anti-Corruption, even in cases where the driver of a vehicle commits a crime of injury by occupational negligence due to a traffic accident and the victim suffers a serious injury, Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Punishment of Anti-Corruption applies. Since the victim explicitly expresses his/her intention not to punish the defendant before the decision of the court below is rendered, the prosecution of this case should be dismissed. However

2. Determination:

A. The proviso of Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that the special provision on punishment shall not apply to cases where a victim suffers danger to his/her life, becomes an influorious or incurable disease, or becomes an insurance or mutual aid agreement as provided in the main sentence of Article 4(1). On the other hand, Article 3(2) of the same Act provides that the crime of bodily injury caused by traffic of a vehicle is a crime of non-rapeing intention, while Article 3(2) of the same Act provides that "the victim suffers danger to his/her life or injury caused by a bodily injury, or causes an influorous or incurable disease," and does not provide that "the victim is not subject to the exception of the crime of non-rapeing intention."

In light of the above-mentioned provisions, Article 3(2) of the Act on the Punishment of Anti-Corruption shall apply to the case where the driver of a vehicle commits a crime resulting from a traffic accident resulting from a danger of death in the course of duty and the victim is in danger of life or has become unusable, or the victim suffers from a incurable or incurable disease. Thus, if the victim expresses his/her wish not to punish the defendant or withdraws his/her previous wish to punish the defendant, the judgment dismissing the prosecution shall be sentenced in accordance with Article 327(6) of the Criminal Procedure Act.

B. On the other hand, on the one hand.