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(영문) 대법원 2010. 7. 22. 선고 2010도1911 판결
[교통사고처리특례법위반][공2010하,1695]
Main Issues

[1] The duty of care of a person engaged in a golf car operation

[2] The case affirming the judgment below which held that the defendant, a golf course game assistant, suffered bodily injury by his occupational negligence as a golf course driver by falling off his passengers from the golf course

Summary of Judgment

[1] Golf cart is open with no door on the safety level or golf cart, and there is a high risk of causing accidents to passengers because it is open, and a person engaged in golf cart driving business shall notify passengers of safety loss prior to the departure of the golf car, confirm and start the safety loss of passengers, and even when making a right-hand or left-hand turn, there is a duty of care to safely make a left-hand or right-hand turn-hand turn-hand turn-hand turn-on while driving the golf car.

[2] The case affirming the judgment below holding that the defendant, as a game assistant of a golf course, did not notify the victim and other passengers of the safety knife before driving the golf course on the golf course, and did not confirm whether the passengers were knife with safety knife, and each part of the golf course started just without reducing the speed of the knife of the knife, and suffered bodily injury, such as double knifeing and prop-offing, knifeing the victim from the golf knife, by falling off the victim from the golf knife.

[Reference Provisions]

[1] Article 268 of the Criminal Act; Article 3(1) of the former Act on Special Cases Concerning the Settlement of Traffic Accidents (Amended by Act No. 9941, Jan. 25, 2010) / [2] Article 268 of the Criminal Act; Article 3(1) of the former Act on Special Cases Concerning the Settlement of Traffic Accidents (Amended by Act No. 9941, Jan. 25, 2010)

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Park Young-young

Judgment of the lower court

Suwon District Court Decision 2008No6114 decided January 21, 2010

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The golf car is open with no door, etc. on the safety level or golf car, and thus, a person engaged in the golf car driving business with a high risk of causing accidents to the passengers, has a duty of care to safely make a left- or right-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on while driving the golf car, even in the case of a right-hand or left-hand turn-hand turn-hand-hand turn-off is open to the right-hand side of the golf car, and the right-hand turn-hand turn or left-hand turn-hand turn-hand turn-hand turn-on is required to be done.

According to the reasoning of the judgment below, the court below maintained the first instance court's decision that the defendant, as a game assistant of a golf course, did not notify the victim and other passengers of the safe knife before proceeding with the golf knife with the golf knife, and did not confirm whether the passengers suffered a safe knife with the safety knife, and did not reduce the speed of the knife to the knife, and caused the victim to suffer an injury to the victim, such as double gnifeing and gnifeing the knife, by making the victim fall from the golf knife, by making the victim fall from the golf knife, and by making the victim fall from the golf knife, the judgment of the court below is justified based on the above legal principles, and there is no violation of the rules of evidence as alleged in the grounds for appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)

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