[교통사고처리특례법위반][집38(3)형,395;공1990.12.1.(885),2344]
Whether a person who tows a finger and fastens a crosswalk falls under Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 48 subparagraph 3 of the Road Traffic Act (affirmative)
Even if the finger is driven by the force of the person stipulated in Article 2 subparagraph 13 of the Road Traffic Act, and the driver's act of towing and towing shall be deemed to be the act of driving the vehicle, the driver's act shall be deemed to be the act of driving the vehicle. However, the driver's act of towing and towing the finger shall be subject to protective measures as a pedestrian like the general person who drives the crosswalk when the person drives the crosswalk, so it is reasonable to interpret the driver's act as falling under the "road" as stipulated in Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 48 subparagraph 3 of the Road Traffic Act.
Article 48 subparagraph 3 of the Road Traffic Act, Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents
Defendant
Prosecutor
Seoul Criminal Court Decision 89No5976 delivered on February 22, 1990
The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.
We examine the grounds of appeal.
According to the reasoning of the judgment below, in full view of the provisions of Article 2 subparagraph 13 of the Road Traffic Act, Article 48 subparagraph 3 of the same Act, and Article 3 (2) subparagraph 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the court below maintained the judgment of the first instance court which dismissed the public prosecution against the defendant on the ground that, in full view of the provisions of Article 2 subparagraph 13 of the Road Traffic Act and Article 48 subparagraph 3 of the Road Traffic Act and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the person towing the same hand
However, even if the finger is driving on the road by the force of the person stipulated in Article 2 subparagraph 13 of the Road Traffic Act, and the act of towing it can be seen as driving on the road, on the other hand, it is not a moving method other than being towed differently from the bicycle or the motorcycle, and therefore, it is necessary to take protective measures as a pedestrian as well as a general pedestrian who passes the crosswalk when the person towing the finger is driving on the crosswalk. Therefore, it is reasonable to interpret that the person towing the finger and building the crosswalk corresponds to the " pedestrian" as stipulated in Article 3 (2) 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 48 subparagraph 3 of the Road Traffic Act.
Ultimately, the judgment of the court below is erroneous by misapprehending the interpretation of the above Act on Special Cases and the Road Traffic Act, thereby affecting the conclusion of the judgment.
Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon So-young (Presiding Justice)