The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. As the victim expressed his/her intent not to punish the Defendant on November 10, 2012 by mutual agreement with the Defendant, the lower court, despite the need to dismiss the instant public prosecution, found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. The summary of the facts charged in this case and the summary of the judgment of the court below in the judgment of the court below are as follows: "The defendant is a person engaged in driving a Chigh-speed car, driving the above vehicle at around 04:0 on July 8, 2012, and driving the three-lane road on the right side of the Seo-gu, Incheon, Man-dong 931 Vinsinsinsinsinsinsinsinsinsinsins in two-lanes from the right side of the completion distance, while driving the three-lane road on July 8, 2012. At night and at night, there are crosswalks in front of the road at night, and thus the driver was installed a crosswalk at night, so the driver was found guilty of the facts charged in this case on the ground that he did not neglect his duty of care to confirm whether he is a pedestrian crossing the road, and to prevent the accident by accurately operating the steering direction and brake system, and without permission, thereby resulting in injury by the evidence of 12, etc."

3. The facts charged of the instant case 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 under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. If the walking, etc. in the crosswalk is changed to redly, the nature of the crosswalk would be lost. Thus, the Defendant’s shock of the victim who is crossing without permission from red walking, etc. is proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of