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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is a person who is engaged in driving Crens vehicles. On November 13, 2012, at around 10:10, the Defendant driven the above vehicle and proceeded at a speed of about 30 to 40km from the speed of the Si/Gun/Gu along the speed of about 57:0,00 from the right side of the road at the speed of the Si/Gun/Gu, along with one lane from the right side of the road at the speed of about 30 to 40km. In such a case, the vehicle driver had a duty of care to accurately manipulate the steering devices, brake devices, etc. of the vehicle and prevent the accident in advance. However, the victim D(74 years old) who passed the road to the right side of the road in the right side of the course due to the occupational negligence, and caused the collision between the victim and the left side of the road beyond the road due to the collision on the left side of the road.
2. The proviso of Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that “When a victim suffers a danger to his/her life, an influorious or incurable disease due to a bodily injury, or an influorite disease,” the special provision concerning punishment does not apply to the case where an insurance or mutual aid is subscribed to as provided in the main sentence of Article 4(1). On the other hand, Article 3(2) of the same Act provides that the crime of causing bodily injury caused by the traffic of a vehicle is a crime of failing to give punishment against an influorous doctor.” However, the aforementioned provision does not provide that “if a victim suffers a danger to his/her life, or has caused an influorous or incurable disease due to a bodily injury, the victim does not
In light of the above relevant provisions, the driver of the vehicle commits the crime of injury caused by occupational negligence due to the traffic accident, and thereby, the victim's life is at risk.