The prosecutor's appeal is dismissed.

1. The judgment of the court below which dismissed the prosecution on the grounds that the injured party expressed his intention not to punish the punishment, is erroneous in the misunderstanding of facts and misapprehension of legal principles as follows.

(1) No victim shall indicate his/her intention to punish him/her.

(2) The victimized person expressed his intention not to punish the offender.

Even if it is a conditional declaration of intention, it is only a conditional declaration.

Since litigation is a juristic act which is not friendly to the conditions, the above indication of intention not to punish is null and void.

2. Determination

A. On April 8, 2015, the Defendant: (a) driven a CK5 car around 20:45 on April 8, 2015; and (b) came to enter the frontway of the Daejeon Seo-gu, Daejeon into a large road to keep it from the cafeteria to the new shot line.

Since the door-to-door bicycle road was installed on the front door of the new shot bank from the new shot bank, there was a duty of care to make a person engaged in driving service well see the situation of traffic on the front door and door door, accurately operate the steering and brake system, and safely drive it in advance to prevent accidents.

However, the Defendant neglected to enter the large road as it is, instead, led the victim F ( South, 56 years old) who was driving a bicycle to the large dam from the direction of the mathal scar, driving the bicycle to the right side of the said K5 passenger wheel.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, due to the above occupational negligence, and at the same time damaged the damaged bicycle in a way that the amount equivalent to KRW 4,815,500 for repairing costs.

B. Under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, this part of the facts charged cannot be prosecuted against the victim’s express intent.

F On April 20, 2015, the police should have received medical treatment from a hospital in respect of any accident at the time.