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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is a person who is engaged in driving of freight B, C, and C.
On April 3, 2018, the Defendant driven the above cargo vehicles around 10:30, and moved the front of the road in the front of the 107-dong apartment complex located in Kimhae-si, Kimhae-si, to the direction of 105-dong, from the same apartment complex to 107-dong direction.
At the same time, since the passage of pedestrians is frequent, a person engaged in driving service has a duty of care to prevent accidents and operate safely by thoroughly and accurately manipulating the operation and steering gear.
Nevertheless, the Defendant neglected this and neglected to take the victim C (the 64 years old) who was cleaning the road in front of the above apartment building 107 as the front part of the above cargo vehicle and had the victim C (the 64 years old) go beyond the road.
As a result, the Defendant suffered injury to the victim due to such occupational division and office as above, such as cutting down the left-hand gate, which requires approximately 12 weeks medical treatment.
2. The judgment below is 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. According to records, the above victim can be recognized as having expressed his/her wish not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.