209 Highest 2177 Violation of the Special Act on the Settlement of Traffic Accidents

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Seoul Residence

Seoul basic domicile

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○○○ Law Firm

[Defendant-Appellant]

July 27, 2010

Defendant shall be punished by imprisonment without prison labor for six months.

Facts of crime

On June 6, 2009, the Defendant is a person who is engaged in driving a bicycle. Around 16: 15, the Defendant was driving a bicycle, driving a bicycle in the Han River Park in Yongsan-gu, Yongsan-gu, Seoul, and driving a single lane of the bicycle-only road in the Han River Park at an insular intersection from the Han River intersection to the Han River intersection. The Defendant tried to enter the alley road in the direction-hand side of the course while driving slowly and putting it to the right-hand side of the road. The Defendant did not properly look at the front left-hand side of the course and proceeded with the direction-on-hand side of the bicycle in the occupational field proceeding with the direction-on on the left-hand side of the Defendant bicycle, and the victim’s front-hand side of the bicycle driving of the bicycle (the age of 58) with the rear wheels of the Defendant’s bicycle and fell from the victim, and then the victim suffers from pulverization of the bicycle by leaving around 16 weeks the right side side of the bicycle.

Summary of Evidence

1. Part of the defendant's legal statement;

1. In the fourth trial records, each statement made by △△△△△△△△△;

1. Some of the statements prepared by defendant on the occurrence of a traffic accident;

1. Entry of the traffic accident report;

1. Descriptions of a medical certificate;

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Determination of imprisonment without prison labor, the background and result of the crime, the circumstances after the crime, the defendant's age, character and conduct, environment, etc.)

Judgment on the Defense Counsel's argument

1. The assertion;

The accident of this case is an accident in which the victim gets left to the left while driving a bicycle without securing the safety distance, and thus the defendant's negligence was caused only by the negligence of the victim. Furthermore, the bicycle driving by the defendant is a string between sports and sports, and the defendant is not a person engaging in the bicycle driving business because he is not a person engaged in the bicycle driving business, since he is a hobby or sports group, he is not a person engaged in the bicycle driving business. In addition, the "motor vehicle" under Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, is not included in the "motor vehicle", and the accident of collision with the bicycle riding on the bicycle driving route as in this case does not include a bicycle, so the defendant cannot be deemed to be a crime. Meanwhile, the defendant cannot be deemed to be a crime. On the other hand, the mutual-aid sports insurance that the defendant joined is an insurance under Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which cannot be prosecuted by his admission, and it is proved in writing by insurance companies, etc.

2. Determination

A. According to each of the above evidence, the defendant's act of driving a bicycle on the ground of the so-called scambling of the victim's side while driving a bicycle on the side of the defendant, and the victim's act of driving a bicycle on the right side of the one-lane road was conducted in the above road to overtake the bicycle of the defendant, and the traffic accident in the judgment of the defendant was recognized when the defendant makes a left-hand turn, and the defendant is recognized as having a position of driving a bicycle repeatedly with his intent to use a bicycle that may cause danger to human life and body, etc. to the extent of being covered by the sports insurance as alleged by the defendant. According to Article 2 of the Special Act on the Settlement of Traffic Accidents, "motor vehicle" refers to a vehicle under Article 2 subparagraph 16 (a) of the Road Traffic Act and construction machinery under Article 2 (1) 1 of the Construction Machinery Management Act, "traffic accident" refers to the act of killing or injuring a person or destroying goods due to traffic of the motor vehicle. Article 2 subparagraph 16 (a) of the Road Traffic Act is also included in the bicycle accident.

B. Sports mutual aid insurance, in which the Defendant subscribed, is an insurance policy that imposes liability for damages up to 20 million won where the insured has injured or injured others due to a sudden accident among sports-for-all club activities under the special terms and conditions for liability security, and is not an insurance policy under Article 4(1) and (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents ( regardless of the agreement between the insured and the victim, the total amount of ordinary medical expenses shall be preferentially paid in lieu of the insured, and ultimately, the insurance company, mutual aid association or mutual aid association cannot be deemed to have proved in writing the fact of subscription by the insurance company, mutual aid association or mutual aid association. Therefore, the defense counsel's assertion on this premise is without merit.

It is so decided as per Disposition for the above reasons.

Judges OO -