The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of the grounds for appeal;

A. The instant facts charged by Defendant is a case in which a public prosecution cannot be instituted against the victim’s explicit intent pursuant to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. However, on November 19, 2013, prior to the pronouncement of the judgment by the lower court, the agreement that expressed the victim’s intention not to punish was submitted to the lower court and the judgment dismissing the prosecution should be sentenced pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, the lower court sentenced the Defendant to imprisonment without prison labor for five months and for two

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles.

B. The prosecutor’s foregoing is the same.

2. Around 01:30 on May 18, 2013, the Defendant: (a) driven a Cknife car and proceeded at a speed of about 40km in speed, depending on two-lanes in the direction of the gold village in the direction of the salary village, at the time of the strike, along with two-lane roads in front of the Dknife.

At night and at the same time, the driver who intends to change the vehicle into one lane is at night and at the same time, and the driver has a duty of care to reduce the speed and to maintain the safety distance by properly examining the movement of the vehicle on the next lane, and to change the vehicle line.

Nevertheless, by negligence, the Defendant neglected such duty of care as above, caused injury to the victim, by shocking the part of the driver's seat in front of the frontmost part of the victim's vehicle, which requires approximately 8 weeks of treatment, such as 1-2 injury to the victim, and at the same time damaged the above damaged vehicle so that approximately 1,254,920 won of the repair cost are exceeded.

3. Determination

A. We examine the injury caused by occupational negligence among the facts charged in the instant case, which falls under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and each of the above crimes is the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.