The judgment of the court below is reversed.

The case is remanded to the Hayang District Court for the first time.

1. The summary of the grounds for appeal (legal scenario) has caused a traffic accident in violation of the proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and even if the victim expressed his/her intent not to punish the defendant, he/she should have convicted the defendant.

However, since the court below rendered a judgment dismissing the prosecution of this case in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, the court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is a person engaged in driving a passenger car BM520.

On September 21, 2018, the Defendant driven the said car at a level of 74-1, Jyang-gu, Seoyang-gu, Seoyang-gu, Yyang-gu, and caused the injury of the victim C (50 years of age) who opened the crosswalk pursuant to the pedestrian signals due to his occupational negligence, where the Defendant neglected to perform his/her duty of care in the front direction while he/she moved at a speed of about 30 km from the search site to the 30-km surface of the speed from the search site to the speed of about 74-1, Jyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the Defendant sustained the injury of the victim, who was accompanied by a non-alley (all parts) with which treatment for about 14 weeks is required, in the front part of the said vehicle.

B. The lower court determined that the instant facts charged constitute 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 pursuant to the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The lower court dismissed the instant prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act on the ground that the victim expressed his/her intention not to be punished against the Defendant on November 5, 2018

C. Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall not, in principle, prosecute the crime of bodily injury caused by the traffic of vehicles against the victim's clearly expressed intention, unless it falls under the proviso.