〈Case concerning the measures to be taken by the appellate court where the indictment was amended at the appellate stage〉

【Holding】

Where the operator of construction machinery commits a crime such as bodily injury by occupational negligence or bodily injury by gross negligence through the act of operating the construction machinery for the purpose of moving it, or an act so closely related thereto as to be evaluated in the same manner, whether the special provisions of the main text of Article 3(2) and the main text of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents apply (affirmative), and whether the same applies even where the act of operating the construction machinery for the purpose of moving it was carried out in the course of performing work or incidentally to the performance of work (affirmative)

【Summary of Decision】

The Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter the "Traffic Accident Settlement Act") is a statute enacted to promote the prompt recovery from damage caused by traffic accidents and to enhance the convenience of citizens' lives by prescribing special cases concerning criminal punishment, etc. of drivers who cause traffic accidents by occupational negligence or gross negligence (Article 1), and it provides the special rule that where the driver of a vehicle commits a crime such as bodily injury by occupational negligence or bodily injury by gross negligence as a result of a traffic accident, no public prosecution may be instituted against the driver if the victim has not expressly indicated a wish for punishment or if the vehicle is covered by certain insurance or mutual aid (main text of Article 3(2) and main text of Article 4(1)).

Meanwhile, "vehicle" under the Traffic Accident Settlement Act includes construction machinery under Article 2(1)1 of the Construction Machinery Management Act (Article 2, subparagraph 1), and "traffic accident" means causing death or injury to a person or damage to property through the traffic of a vehicle (Article 2, subparagraph 2). Here, "traffic of a vehicle" refers to the act of driving a vehicle and acts so closely related thereto as to be evaluated in the same manner, and as long as the act falls within the act of driving a vehicle, etc., its purpose, motive, circumstances, place, etc. are irrelevant.

Therefore, if the operator of construction machinery commits a crime such as bodily injury by occupational negligence or bodily injury by gross negligence through the act of operating the construction machinery for the purpose of moving it, or an act so closely related thereto as to be evaluated in the same manner, the special provisions of the main text of Article 3(2) and the main text of Article 4(1) of the Traffic Accident Settlement Act apply. The same applies even where the act of operating the construction machinery for the purpose of moving it was carried out in the course of performing work or incidentally to the performance of work.

【Referenced Statutes】

Articles 1, 2, 3(2), and 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 2(1)1 of the Construction Machinery Management Act; Article 268 of the Criminal Act

【Referenced Precedents】

Supreme Court Decision 2006Do7272, January 11, 2007



(Source: Supreme Court Decision 2024Do15542, March 13, 2025 | Judicial Information Disclosure Portal, Precedents)