교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. On November 16, 201, at around 09:21, the Defendant: (a) driven a F Twit-ro x car on the F Twit-ro on November 16, 201; and (b) led to the flow of a new intersection from the boundary of the sublime intersection to the boundary of the sublime intersection in accordance with the three-lane 212-6 ahead of Jongno-gu, Jongno-gu, Seoul.
In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to live well on the front side and to accurately operate the steering and brakes.
Nevertheless, the Defendant neglected this and proceeded as it is, while driving ahead of it, and the victim C (year 57) who was crossing the left side from the right side of the Defendant’s running direction to the left side, suffered injury, such as blood transfusion, etc., which requires approximately eight weeks of medical treatment.
Accordingly, the defendant caused a traffic accident to become a victim of a traffic accident, or caused a fatal or incurable disease.
2. The lower court determined that the Defendant’s injury does not constitute “serious injury” for the following reasons, and according to the Defendant’s vehicle insurance certificate certificate center, the Defendant’s vehicle is subscribed to comprehensive automobile insurance at the time of the instant traffic accident, and there is no other evidence to acknowledge the existence of any other reason under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, such as Drinking Motor Vehicles, and thus, the instant facts charged constitute a case in which a public prosecution cannot be instituted pursuant to the main sentence of Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents,
Article 4(1) proviso 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents stipulates that a traffic accident driver may file a prosecution even if the driver is covered by comprehensive insurance in case the victim is at risk of life due to bodily injury, the victim is imprisoned, or the victim is imprisoned or incurable.
First, the victim is a victim.