교통사고처리특례법위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the defendant was guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, even though the defendant was guilty of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents while driving the freight of this case and driving the freight of this case at the intersection, and the defendant did not have a driver's license at the time. However, since the cargo of the defendant at the intersection without signal apparatus entered the intersection where the defendant had no driver's license, the traffic accident of this case occurred at the wind that the victim should yield the course to the freight of the defendant and entered the intersection as is without the victim's consent.
B. Even if it is found guilty on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, in light of the fact that the victims' damage is relatively minor, the defendant agreed to both the victims, and the defendant was covered by the automobile insurance at the time of the instant accident, and the defendant was a 3rd disability on the bridge part, the punishment imposed by the court below (one month of imprisonment) is too unreasonable.
2. Determination
A. Determination of the assertion of mistake of facts (1) Article 26 of the Road Traffic Act provides for the following criteria with respect to the concession driving at an intersection where traffic is not controlled until paragraphs (1) through (4) of this Article.
In other words, the driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the right of way to other motor vehicles when there are other motor vehicles already traveling through the intersection.
(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall drive the motor vehicle.