The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court alone.

1. The summary of the grounds for appeal does not constitute a case where a judgment dismissing the prosecution can be pronounced even if the bereaved family member expressed his/her intention not to punish after the victim's death because the bereaved family member cannot be deemed to have succeeded to his/her authority as a matter of course in case the victim of the crime of non-compliance with punishment without expressing his/her intention not to punish him/her. However, the judgment below rendered a judgment dismissing the prosecution as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the Victim D among the charges of this case on the ground that the victim's bereaved family

2. Determination

A. The summary of the facts charged is a person who is engaged in driving of freight B, C, C, and C.

On July 15, 2019, the Defendant driven the above vehicle at around 11:00, and led to turn to the left at a speed of about 20 km at the speed of 10 km from the south Han River at the direction of the Cheongdong-dong intersection in front of the Cheongdong-dong, which is located in the Yannam-gun, at the entrance of the Jeonnam-gun.

At that time, there is a place where traffic is not controlled, and there was a vehicle to enter the above intersection from the left side, so the defendant engaged in driving has the duty of care to reduce speed and prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and thereby, was driven by the victim C (the aged 64) who was driving on the side of the ero-ero-Eup, and was driven by the victim C (the aged 64). The front front part of the car was driven by the Defendant as the front part of the freight truck.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension in need of approximately two weeks’ medical treatment due to occupational negligence as above, and the victim D(the age of 87) who was accompanied by the damaged vehicle, due to pressure for 2 weeks in need of medical treatment.

B. The lower court determined that the instant case is subject to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.