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The prosecution of this case is dismissed.
Reasons
1. The gist of the facts charged is that the Defendant is a person engaged in driving CDama vehicles.
On October 4, 2012, the Defendant driven the above vehicle at around 09:15, while driving the vehicle at the speed of 09:15, the Defendant driven the two-lane road of the Bomun-gu, Bocheon-dong, Seocheon-dong, Seocheon-si, along the opposite two-lanes to the opposite two-lanes, proceeded at a speed of about 60km.
In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to check it well.
Nevertheless, the Defendant neglected to do so and neglected to drive on the front-way, and thereby caused the victim D (year 72) who gets a bicycle or a crosswalk to the right side of the Defendant’s right side from the Defendant’s running direction to the front-way part of the Defendant’s waiting side.
Ultimately, the Defendant suffered from the above occupational negligence that caused serious injury to the victim, such as double peltoma, cerebral cerebralopsis, acute hyposis, and delayed cerebral cerebralopsis, etc.
2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and cannot be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the same Act.
However, according to the agreement bound in the records, it is recognized that the victim expressed his/her intention not to punish the defendant after the prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.
The Institute of Jind Co., Ltd.