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(영문) 춘천지방법원 강릉지원 2013.11.26 2013노393

교통사고처리특례법위반

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The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal (fact-finding) was that the instant accident occurred at the location where the crosswalk was past, not within the crosswalk.

However, considering the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's above assertion is without merit, since it can be sufficiently recognized that the accident occurred in the crosswalk.

① At the time of the accident in the police and the court below, the victim stated that he was the victim at the crosswalk at the time of the accident, and E, a witness, was waiting for the victim at the time of the accident at the police and the court of original instance, but the police and the court of original instance stated that the victim was in the crosswalk because the white truck was light immediately after the accident.

Since each of the above statements made by victims and E is considerably specific and there is no motive or reason for them to make a false statement, each of the above statements has credibility.

(2) On the contrary, in a video recording for a closed-circuit television (CCTV) for parking control installed around the point where the accident occurred, the Defendant made a statement that the location of the accident was not memory, and that the accident occurred in the vicinity of the crosswalk, and did not make a consistent statement to the point where the accident occurred, such as the statement that the accident occurred in the front of the crosswalk. (2) The Defendant’s taxi and the white-circuit television (CCTV) for parking control installed around the point where the accident occurred, immediately after the accident, are recorded on the front of the crosswalk, at a place where the white freight driven in the two-lane from the cab back of the Defendant’s taxi at a speed rapidly reduces the speed, and the head of the Si/Gun/Gu starts slowly after stopping at the front of the crosswalk (Evidence evidence record No. 21). This conforms to the E’s above statement.

(3) The defendant's cab prior to the defendant's taxi at the time of the accident (it appears on the middle part of the left side of the evidence No. 18-19) shall be three lanes.