교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant of the facts charged on the ground that the F, the injured party of the Reasons for Appeal, stated the facts of damage specifically and consistently, and that if the F, such as black booms, diagnostic notes, and estimates, which are consistent with the F’s statement, proven that the F incurred an injury requiring medical treatment for about two weeks due to the instant traffic accident, the F, without any particular reason, rejected the F’s statement and accepted the Defendant’s unilateral assertion, and it is insufficient to find that the result of the Defendant’s injury was caused due to the instant traffic accident caused by the Defendant’s unilateral assertion, is insufficient to find it difficult to find
2. Determination
A. On January 29, 2019, at around 16:54, the Defendant: (a) driven a BK3 car; (b) proceeded two-lanes in front of the “D convenience store” located in Seocho-gu Seoul, Seocho-gu, Seoul toward two-lanes toward two-lanes; and (c) changed the course into one-lanes.
Since there is a sign of restriction on career change in the white-ray, the driver has a duty of care to safely drive the motor vehicle without changing the course and prevent the accident in advance.
Nevertheless, the Defendant neglected this and instead received the Defendant’s front part of the front part of the vehicle in front of the Defendant’s vehicle, while driving the Victim F (F, South and 30 years old), who was in the same direction as the horses when the Defendant was negligent in changing the course from the front line.
The Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of treatment for about two weeks due to such negligence on driving.
B. The lower court determined that according to the Defendant’s legal statement, F’s statement, diagnosis statement, and black image viewing, the lower court recognized the following facts: (a) there was a traffic accident such as the facts charged; and (b) thereafter, it was found that the F was diagnosed by injury, such as the “satise base and tension,” which requires two weeks’ medical treatment as indicated in the facts charged.