2018Gohap101 Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury)

A

Kim Young-young (prosecution) and prison sentence (public trial)

Attorney B, C (State Ship)

December 20, 2018

The accused shall notify publicly the summary of the judgment of innocence.

1. The facts charged in this case

The defendant is a person who is engaged in driving a DNA car.

On April 18, 2017, the Defendant driving the above vehicle at around 08:37, and driving the three-lanes in front of the F point in Dongjak-gu Seoul Metropolitan Government E, with changing the two-lane course from the male airspace to the side of the water zone.

In such cases, there was a duty of care to check whether there is a vehicle driving along the lane that intends to give prior notice of change of course by operating direction direction, etc. to a person engaged in driving of a motor vehicle, and to check whether there is a vehicle driving along the lane that intends to change course.

Nevertheless, the Defendant’s negligence and negligence, which led to the change of course in the same direction, conflict with the part of the victim G (Nam, 48 years old)’s H rocketing taxi’s right-hand fenced in front of the left-hand side of the said vehicle. Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. by negligence in the course of his duties, which requires approximately three weeks of treatment.

2. Determination

In light of the fact that a medical certificate was submitted to the effect that the victim suffered from an injury that needs to be treated for three (3) weeks with 'grasty, humphe, and tension', that the victim received a pain treatment while complaining of the pain for a long time, that two passengers aboard the victim was provided with outpatient treatment for 20 (20) days, and that the doctor who provided the victim's medical treatment stated in this law that "the victim's x-ray photograph was confirmed from the victim's timber and x-ray photograph, and that the victim was suffering from a necessary injury for three (3) weeks", it is doubtful that the victim was not injured by the accident in this case.

However, in light of the following circumstances: ① the victim was working in the direction-setting for changing the lane from the third lane to the second lane of the evidence; ② the victim was unable to properly perform his/her duty of care due to the fact that the victim was unable to use his/her own equipment at the time of the accident at the time of the accident; ② the victim was unable to use his/her equipment at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident, and the victim stated that the victim was using the equipment at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the level that the victim was not able to use the equipment at the time of the accident at the time.

3. Results of the jury verdict.

Denot guilty: Mail ether

4. Conclusion

Thus, since the facts charged in this case constitute a case where there is no proof of crime, it is judged not guilty under the latter part of Article 325 of the Criminal Procedure Act, and it is decided not to disclose the summary of the judgment under the main sentence of Article 58(2) of the Criminal Act.

The presiding judge; and

Awards and Decorations for Judges

Judges Lee Jong-deok