The prosecution of this case is dismissed.

1. The Defendant charged with the instant case is a person engaging in driving the B Kaz.

On January 3, 2019, the Defendant driven the above van on January 16:02, 2019, and led to the 119 Safety Center that was set up from the direction of the Agricultural Triang Triri-gu, Gyeonggi-si, the direction of the road in front of the C in front of the Gyeongri-gu, Gyeonggi-do.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in the smoke by safely driving the motor vehicle in a way that the driver of the motor vehicle can live well on the front side and the left side.

Nevertheless, the defendant neglected to do so and failed to discover the victim D (85 years old) who was crossing a road from the right side of the defendant's proceeding direction to the left side by negligence and neglected to perform his duty of care, and did not discover the victim D (85 years old) and got the victim to go beyond the ground.

Ultimately, the Defendant suffered a serious injury, such as an external shock that requires approximately 28 weeks of treatment, due to such occupational negligence.

2. Determination

A. 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 do not fall under any subparagraph of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and thus cannot be prosecuted against the victim’s express intent under the main sentence of

B. However, according to the records, the following facts can be acknowledged. In light of the following facts, it is determined that the expression of the victim's intent not to punish the defendant with respect to the charge of this case at least on August 5, 2019 is based on his/her genuine will, although the victim is in a state of not having brought a part of his/her mind:

(1) The injured party shall have an unmanned to a written agreement stating that he/she does not want to be punished against the accused for a traffic accident stated in the facts charged of this case as of April 5, 2019.