교통사고처리특례법위반
The judgment of the court below is reversed.
A fine of two million won shall be imposed on a defendant.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Although a misunderstanding of facts or misapprehension of legal principles has access to the intersection in yellow signals, the victim also seems to have access to the intersection in red signals, it is unreasonable for the defendant to be punished even though the victim's negligence is greater in the occurrence of the instant accident.
In addition, even if the defendant entered the new location of green, the accident of this case is likely to occur, so there is no relation between the defendant's negligence and the above accident.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court’s improper sentencing (4 million won) is too unreasonable.
2. Determination
A. 1) As to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, first, we examine the argument that the Defendant’s punishment is unfair, since the victim’s negligence was a larger cause than the Defendant’s negligence.
From the investigation process, the Defendant recognized a consistent violation of signal to enter the intersection in yellow signals, which is also consistent with the victim’s statement.
If the relationship between the defendant's negligence and the accident of this case is recognized, the defendant's act itself constitutes a crime under Article 3 (1) and Article 3 (2) (proviso) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act.
Whether there was a victim's negligence, and if there was a negligence, what degree of the negligence contributed to the occurrence of the accident does not change the nature of the defendant's act, and thus it does not affect the establishment of the above crime. However, the sentencing of the defendant can only be considered.
Therefore, as seen below, insofar as the defendant's negligence and the relation between the occurrence of the accident of this case are recognized, the above assertion by the defendant cannot be accepted.
2) The relationship between the Defendant’s negligence and the instant accident occurred.