교통사고처리특례법위반(치상)
The defendant's appeal is dismissed.
Expenses of the original judgment and the trial (excluding the expenses of the national defense counsel) shall be borne by the defendant.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles and mistake, the instant accident did not control the speed of bicycle at the long-distance intersection by the injured party, and caused the Defendant’s car driving the first lane normally, and the Defendant could not have predicted the said accident.
B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence indicated in the lower judgment, such as the Defendant’s statement in the lower court, which recognized all the instant facts charged.
In full view of the following facts and circumstances acknowledged in accordance with the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just and there is an error of law by misunderstanding the facts alleged by the defendant and misunderstanding the legal principles.
subsection (b) of this section.
① From the direction of the duct village of a tower, “In the course of the course of the bypassing in the direction of the visible sloping distance, it conflicts with the Defendant’s vehicle during the two-lane course.
“The victim’s investigative agency and the victim’s oral statement to the effect that “The credibility of the victim’s oral statement is recognized as being specific, consistent, and reasonable in the explanation of the situation, and the statement of the traffic accident report and the images of the accident scene and the accident vehicle photograph conform to the victim’s above statement
2. The Defendant, at the investigative agency, conflicts with the Defendant without checking the bicycle because he was in a relatively old state after he received a meal for the occupation at that time.
”라고 진술하였고, 피해자는 당 심 법정에서 “ 피고인이 졸았다는 의미로 ‘ 희미한 데 깜빡했다.
1. The term “assumed.”
“The statement was made to the effect that it was “.”
③ According to this, the Defendant breached the duty of care to safely drive on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are exercised.