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The prosecution of this case is dismissed.
Reasons
1. The Defendant charged with the instant case is a person engaging in driving freight B.
Around 21:00 on January 7, 2020, the Defendant continued to drive the three-lane road of the 47.5km away from Incheon to Gangwon-do Highway at 95, Dong-do Do-ro 8:131 degrees.
In such cases, there was a duty of care to prevent accidents in advance by preventing automobile parts from falling on the road because they are separated from automobiles by means of maintaining automobiles, etc. to those engaged in driving business.
Nevertheless, due to the negligence of driving a motor vehicle which has not been maintained continuously without neglecting this, it was caused to fall on the road due to the failure of the first back of the cargo vehicle of the above Poter, and the victim C(E, South, 25 years old) who is driving in the back, and the passenger car of QM3 and the victim E(E, South and 24 years old) who is driving in the back, and the third cargo car was driven by the above Poter.
Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of medical treatment for about 16 days, and at the same time, damaged the victim C’s above QM3 car to be in excess of KRW 454,020, and damaged the victim E’s above 3 freight cars to be in excess of KRW 594,00,00.
2. The determination of this is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, and shall not be prosecuted against the express will of the victim under the main sentence of Article 3(2)
However, according to the records, the victims may recognize the fact that they expressed their wish not to punish the defendant after the prosecution of this case was instituted.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.