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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person who is engaged in driving of B-wing freight truck. On October 26, 2013, at around 13:27, the Defendant driven the above vehicle and proceeded directly with the passage of the coast in front of the city of Bosong-si at the speed of about 50 km from the border of Taecheon-si to the coast of Boscheon-si at the speed of about 50 km.
In such cases, when a pedestrian is crossing the road on which a crosswalk is not installed, the driver of any motor vehicle has a duty of care to temporarily stop with a safe distance and drive the motor vehicle so that pedestrians can safely cross the road.
Nevertheless, the Defendant neglected this and got the front part of the Defendant’s driving vehicle, which is the body right side of the victim C(10 years old) crossing the road to the right side from the left side of the running direction of the Defendant’s driving vehicle.
As a result, the defendant suffered injury to the victim by negligence in the course of business for about three weeks, such as the right-hand side of bad faith, which requires treatment.
2. The instant facts charged 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, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Since a written agreement was submitted to the effect that the victim does not want punishment after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act