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The prosecution of this case is dismissed.
Reasons
1. The Defendant, around August 9, 2015, driven a bicycle on or around August 20:30, and driven a bicycle at a speed that does not know about the direction of 200 p.m. from the sloping road of Mapo-gu Seoul Metropolitan Government.
Any person who is engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and have a duty of care to ensure that he/she is well aware of the traffic situation and safely drive the motor vehicle
Nevertheless, the Defendant neglected to go beyond the road, and had the victim C, who was walking ahead of the same direction, contacted with the part where it is impossible to identify the Defendant’s bicycle, and let the Defendant go beyond the road.
Accordingly, the Defendant suffered injury that requires approximately six weeks of medical treatment from the victim due to the above occupational negligence.
2. The facts charged in 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, and 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.
Accordingly, according to the agreement submitted on January 28, 2016, it is recognized that the injured person expressed his/her wish not to punish the accused, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.