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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is a person who is engaged in driving Bone Stars.
around 12:40 on September 15, 2018, the Defendant driven a road near Young-gun C in the territorial sea and continued to proceed to the Eup of the territorial sea from the territorial sea.
There are two-lanes of the two-lane road, where the driver of the motor vehicle is driving the victim D(83 years of age) in the front side of the motor vehicle, so in such a case, the driver of the motor vehicle has a duty of care to live well on the front side and to prevent the accident by driving the motor vehicle safely.
Nevertheless, the defendant neglected this and obstructeded the driver's driver's driver's driver's driver's driver's driver's scooter.
Ultimately, the Defendant suffered serious injury, such as dementia, which is an incurable disease requiring treatment for at least six months, due to the above occupational negligence.
2. The facts charged in the instant case constitute a crime falling under Article 3(1), the proviso to Article 4(1)2, or Article 268 of the Criminal Act, and 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.
According to the agreement and written application for non-prosecution of punishment prepared by the victim bound in the trial records, the facts that the victim expressed his/her wish not to punish the defendant after the prosecution is instituted can be recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.