교통사고처리특례법위반(치상)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the injured person in relation to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was faced with the Defendant, and the Defendant did not have any occupational room, and the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts.
2. Determination
A. The Defendant in this part of the facts charged is a person engaging in driving C125cc.
On August 11, 2016, the Defendant driven the above Oral Ba while under the influence of alcohol content of 0.066% from the blood transfusion around 17:50 on August 11, 2016, and continued to drive the front road of the E cafeteria located in the Busan Jin-gu, Busan, at a speed of about 10 km from the spathro to the spathro.
In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and found the Victim F (63 years) who was walking in the same direction before being in front of the same direction due to negligence that led to the failure of the Defendant to neglect it, and delayed detection. However, under the influence of alcohol, the Defendant was unable to avoid it, and the Defendant was able to go beyond the road floor by receiving the front part of the Defendant’s soil from the front part of the road.
As a result, the Defendant suffered injury to the victim on the right side of the conical fluorum base, the lower court’s fluorial fluoral fluoral fluor, which requires approximately three weeks of treatment.
B. According to the following circumstances acknowledged by the lower court’s judgment and the first instance court’s duly admitted and examined evidence, namely, CCTV video CD reproduction result (No. 49 pages of evidence), the victim F also stated that “the victim F was subjected to the part of the Defendant’s driver’s her her lebane behind the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the rear