교통사고처리특례법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is as follows: (a) on January 4, 2012, the Defendant driving a vehicle with C Abdod E EX on a four-lane road between the front sidewalk and the roadway in Seoul Special Metropolitan City, along with a four-lane road, along the direction of the new forest street on the side of the dropian distance between the front sidewalk and the roadway; and (b) the Defendant proceeds along the four-lane of the four-lane between the two-lane.
In order to park a vehicle on a sidewalk before the right side of the proceeding, the sidewalk was passed through the sidewalk for the purpose of parking the vehicle and entering the towing boat.
In such cases, a driver of a motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk to prevent accidents by crossing the sidewalk so as not to obstruct the passage of pedestrians after examining the right and the right.
Nevertheless, the defendant neglected to pass the sidewalk and neglected to do so, brought the right-hand bridge of the victim D(52 years of age) who was a pedestrian who had passed the sidewalk to the right-hand side of the driver's vehicle, and brought a dispute against the victim.
On the other hand, the back wheel of the vehicle has been operated to the right edge of the victim.
As a result, the defendant suffered from the injury of the victim, such as the left left the right side, the right side salt, etc. for about two weeks of treatment due to these occupational negligence.
2. The lower court found the Defendant guilty of the instant facts charged and sentenced to a fine of KRW 700,000, based on the evidence in its judgment.
3. The summary of the grounds for appeal is erroneous in the judgment of the court below which found the Defendant guilty of the facts charged of this case even though the Defendant did not cause the traffic accident of this case, which affected the conclusion of the judgment.
4. Judgment of the court below
A. The burden of proving the facts charged in a criminal trial is that the prosecutor bears the burden of proving the facts charged, and the conviction is that the judge has no reasonable doubt.