The prosecution of this case is dismissed.

1. The Defendant is a person who is engaged in driving a wing-in freight vehicle B.

On April 2, 2016, the Defendant driven the above cargo vehicles around 16:05, and parked in the family cemetery c, which is located in the Gongju-si.

At the time, the victim D (n, 63 years old) was gathered to prepare for the above cargo at the place where the driver was parked, so the person engaged in driving service has a duty of care to operate the brake system properly and safely prevent the accident by safely getting off the driver's seat.

Nevertheless, the Defendant neglected such duty of care and neglected to operate safety devices, and neglected to leave the driver's seat, caused the above cargo vehicles in parking to be cut down under slope, and caused the victim's body part to the front part of the cargo vehicle.

As a result, the Defendant suffered injury to the victim during the 10 week period of medical treatment due to the above occupational negligence, such as cage cages, etc., and caused the risk of life to the victim due to physical injury.

2. The judgment 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 express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The records show that the victim has withdrawn his/her wish to punish the defendant on August 22, 2016, which is after the institution of the instant indictment. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.