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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the Defendant who is engaged in driving a Cwing wing wing truck.
On June 20, 2015, around 11:34, the Defendant proceeded at a speed of about 100 KK km in the speed of speed from the beginning of the two-lanes, 9.7km away from the top of the ancient road, which is located in the west of the head of Sim-ri, in the west, at a speed of about 100 K km in the speed of the Sim-ri.
Since a car was in a temporary stop due to a breakdown at the bed bank, there was a duty of care to prevent the accident in advance by driving the car safely by safely driving the vehicle, such as taking the front door and left door well, and properly operating the steering system.
Nevertheless, the Defendant, by negligence while neglecting the front-time of the car, found that the car stopped on the front bank late and operated the car rapidly, but the Defendant failed to avoid the vehicle due to the failure to avoid it, was shocked by the back-hand part of the car in front of the freight of the Defendant.
Ultimately, the Defendant suffered injury to the victim E (V, 68 years of age) who was on board the Kanman car operation chief due to the foregoing occupational negligence, among approximately 32 weeks of treatment, such as the damage of the number of trees requiring approximately 32 weeks of treatment, and the paralysis due to the closure of the part of the trees.
2. The judgment of the court below is the case 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 the charges of this case 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.
According to the records, on December 4, 2015, after the indictment of this case was instituted, the agreement that the injured party expressed his/her intention not to be punished against the defendant was submitted to this court. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.