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(영문) 서울동부지방법원 2015.10.16 2015노588

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by driving a bicycle, tried to find out the left and 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 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 the right and the right and the right and the right and right are exercised

B. The lower court’s sentence of an unreasonable sentencing (two million won of fine) against the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, including the victim's statement of erroneous determination or misapprehension of legal principles, the defendant's bicycle rider tried to drive in the opposite direction from the bicycle exclusive road, and the defendant's bicycle rider obstructed the opposite direction, and the victim's bicycle riding in the opposite direction toward the right side while driving the bicycle in order to avoid collision, and the victim's bicycle riding in the opposite direction, and suffered injury from the bicycle. Thus, the defendant can fully recognize the defendant's occupational negligence in violation of the duty of care to drive safely by properly examining the situation of traffic in the front direction.

Therefore, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

B. Although the Defendant’s assertion of unfair sentencing is recognized as having no criminal power for the same kind of crime, the economic situation is difficult, the Defendant’s negligence and the result of damage are not easy, the Defendant’s failure to recover damage, and the Defendant did not receive a letter from the victim, the Defendant’s punishment was not presented in the trial, and other circumstances that form the conditions for sentencing, such as the Defendant’s age, health, and environment, are considered unreasonable.