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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is also a person engaged in driving of a bareboat truck.
At around 19:50 on May 27, 2013, the Defendant proceeded at a speed of about 50-60 km/h from the 2nd direction of the new reservoir in the front of the new reservoir in the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun.
At the same time, it was difficult to see the two parallels of two lanes, so a person engaged in driving service has a duty of care to drive safely by thoroughly performing the duty of booming.
Nevertheless, the Defendant, while neglecting the above duty of care, was negligent in driving on the right side of the road and received the front part of the above cargo vehicle.
As a result, the defendant suffered injury to the victim D (the age of 60) who was killed in the chief of the steering team due to negligence in the course of his duties, and suffered injury to blood from external wound so that he can not walk independently due to the left-hand paralysis and severe recognition disorder.
2. The facts charged above shall not be prosecuted against the express will of the victim in accordance with Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.
However, according to the written agreement submitted on the first trial date, the victim may be recognized as having expressed his/her intention not to want criminal punishment against the defendant on January 7, 2015, which is after the institution of the instant indictment, and the victim's children E present in this court clearly stated that the victim's intention not to criminal punishment under the above written agreement is the victim's intention.
Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which the victim expressed his/her wish not to prosecute a case which cannot be prosecuted against the clearly expressed intention of the victim.
It is so decided as per Disposition for the above reasons.