교통사고처리특례법위반등
The judgment below
The acquittal portion shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles as to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) brought about the injury of the victim by negligence in the course of conducting duties while driving DNA (hereinafter “the instant Lao”) as recorded in the facts charged.
2. Around 14:05 on October 6, 2014, the Defendant: (a) driven the instant Otoba in the instant case; and (b) driven the instant bicycle lane with 135, 135, 133, front of the 813-dong, Seocheon-si, Seocheon-si, Seocheon-si, Seodo Village 813, the Defendant incurred injury, such as chest pressure pressure, etc., by neglecting his/her duty of front-time care while overtaking the bicycles driven by the victim E (7 years old and female); (c) neglecting his/her duty of front-time care; and (d) neglecting his/her duty of front-time care, etc., caused the victim to go beyond the road.
3. Determination
A. In full view of the evidence duly admitted and examined by the court below, the following facts can be acknowledged.
(1) On October 14, 2014, the Defendant, who is engaged in driving of the instant Otoba, driven the instant Otoba, and tried to overtake a bicycle that was in front of the direction of the passage, driving the instant Otoba, driving the instant 135, 135, 135, 813, 13, 13, 13, 813, 14, 201.
(2) The victim was proceeding in a stable manner prior to being overtaken a bicycle. However, the victim was faced with the part on the left side of the bicycle, which was installed on the back side of the instant Otoba, with the safe distance between the Defendant’s attempt to overtake and the part on the left side of the bicycle.
Since then, the victims lose their center, knife knife knife knife knife knife knife knife.
In the case of the accident, it was faced with the stones installed on the right side of the front (hereinafter referred to as the "accident of this case"), and there was an injury such as chest pressure pressure, which requires treatment for about 8 weeks.
(3) The place where the instant accident occurred.