Defendant

Defendant

Park Young-young

Seoul Eastern District Court Decision 2010 High Court Decision 2927 Decided February 17, 2011

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

The defendant's act of riding a bicycle on the bicycle-only road in a minor contact with the victim. In this case, criminal punishment in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents is unfair, and even if the defendant is found guilty, the court below's decision (1.5 million won of fine) is too unreasonable.

2. Determination

A. Judgment on misconception of facts and misapprehension of legal principles

According to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the term "vehicles" means the vehicles defined in Article 2 subparagraph 16 (a) of the Road Traffic Act and construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act, and the term "traffic accident" means the death or injury of a person or damage to goods due to the traffic of a vehicle. According to Article 2 subparagraph 16 (a) of the Road Traffic Act, a bicycle is included in a vehicle, and an accident resulting from bicycle traffic on a bicycle lane is also caused by the traffic of a vehicle. Thus, the traffic accident in this case shall be governed by the Act on Special Cases concerning the Settlement of Traffic Accidents. Even if a pedestrian was negligent in the course of a traffic accident, the defendant's liability shall not

Therefore, this part of the defendant's argument is without merit.

B. Ex officio reversal

However, according to the insurance policy bound in the health room and the trial records, at the time of the instant traffic accident, the Defendant entered into a non-indicted 1 insurance contract with the non-indicted 1 insurance company with the content that “the defendant inflicts bodily harm on another person or inflicts legal liability for damage to another person’s property within the limit of 100 million won.” Thus, the damage suffered by the victim of the instant accident is merely 4 million won, and thus, the full amount of the damage compensation can be compensated for only the said insurance (the non-indicted 1 insurance company actually agreed to pay 3.5 million won to the victim). As such, the Defendant was subscribed to a comprehensive insurance under Article 4(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. Accordingly, the instant case constitutes a case where a public prosecution was instituted in violation of Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, although it was not possible to institute a public prosecution in accordance with

Therefore, since the indictment of this case is null and void in violation of the provisions of the Act, the indictment of this case constitutes a case where the indictment procedure under Article 327 subparagraph 2 of the Criminal Procedure Act is null and void, a judgment of dismissal of prosecution shall be rendered pursuant to Article 327 of the Criminal Procedure Act, and there is an error of law by misunderstanding legal principles in the measures of the

3. Conclusion

Therefore, the court below's judgment is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is decided as follows through pleading.

The summary of the facts charged of this case is as follows: "the defendant, who is engaged in driving of the bicycle, operated the bicycle on or around 09:10 on August 26, 2010, and proceeded with the bicycle lane 214 Han River Citizens Park in Songpa-gu Seoul, Songpa-gu, Seoul, toward the direction of the bridge at the 2000ss. The place is where the appearance of the obstacles is anticipated. Thus, in such a case, the person engaged in driving service has a duty of care to check the safety of the course and to prevent accidents by driving the bicycle, and to check the safety of the course and prevent accidents by driving the bicycle in good manner by taking full view of the right side of the victim, such as the upper part of the road, etc., without taking care of the bicycle, and the victim non-indicted 2 (the 63 years old) (the 63 years old), who is walking on the right side of the pedestrian digging bridge, and the defendant was dismissed in accordance with the above provisions of the Criminal Procedure Act and the procedure of prosecution against the victim is found to be invalid."

Judges Shin Ji-gu (Presiding Judge)