교통사고처리특례법위반(치상)
The defendant's appeal is dismissed.
However, it cannot be deemed that there exists a causal relationship between the Defendant’s act and the victim’s influence, etc., as stated in the facts charged by the Defendant, by misunderstanding the gist of the grounds for appeal.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in this case on a different premise is erroneous.
The punishment of the court below (10 months of imprisonment without prison labor, 2 years of suspended execution, and 40 hours of order to attend a course) is too unreasonable.
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding Defendant’s assertion of mistake, it is reasonable to view that the causal relationship between Defendant’s act of driving on an expressway station and the victim’s injury, such as an influence, acute stress response, etc., is recognized.
Therefore, the judgment of the court below which found the Defendant guilty of the facts charged in this case on the premise as above did not err by misapprehending the facts as pointed out by the Defendant.
1) At the time of the instant case, the victim driven a D Launa car (hereinafter “victim”) and driven at the speed of the Gurith and the speed of the Gurith along one-lanes from the Gurith to the potent. At the time of the instant case, there was a numberless other vehicle driving normally on the two-lanes immediately next to the instant case.
2) 피해자 차량은 1 차로를 역 주행하는 피고인 운행의 B 올 뉴쏘 렌토 승용차( 이하 ‘ 피고인 차량’ 이라 한다 )를 발견하고 피고인 차량과 충돌하기 직전 급히 피고인 차량과 위 다른 차량 사이의 좁은 공간을 이용해 2 차로로 무리하게 차선을 변경하여 가까스로 피고인 차량과의 충돌을 피했다( 이상 증거기록 제 52쪽 CD1 매 ‘ ㅍ ㅊ’ 폴더의 파 일명 ‘ 역 주행피해차량 블랙 박스 영상_ 포천 방면 17.5k’ 의 재생시간 00:03 ~00 :07). 3) 차량들이...