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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person who is engaged in the duty of driving B rocketing taxi.
At around 01:50 on December 8, 2017, the Defendant, at the north-gu Busan Metropolitan City, driven the front road of the Dental in the North-gu Busan Metropolitan City, along the three-lane radius from the spoke basin to the spoke-ro.
At the time, since it was night and traffic accident occurred, there is a duty of care to reduce the speed to those engaged in driving business and prevent the secondary accident by properly examining the traffic situation.
Nevertheless, even though the Defendant neglected this and became aware of the occurrence of a traffic accident, the Defendant served the victim E of the above paragraph (1) that was going beyond the road due to the accident under the above paragraph (1) as the lower body part of the above taxi.
Ultimately, the Defendant caused the victim’s occupational negligence on the part of the above 14 weeks of medical treatment due to the indeption of unstable aggregate and the permanent real name of the victim due to the aggravation of alphan fever.
2. The offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the instant facts charged is an offense 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 same
However, the record reveals that on May 11, 2018, prior to the institution of public prosecution of this case, the victim already expressed his/her intention not to be punished against the defendant by mutual consent with the defendant.
3. In conclusion, this part of the facts charged is null and void in violation of the provisions of law, and thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.