특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. As to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), the Defendant did not violate the signal and did not know the fact that the accident occurred.
The court below found the defendant guilty is erroneous.
B. The lower court’s sentencing of an unreasonable sentencing (7 million won of fine) is too unreasonable.
2. Where the signal at the intersection of a determination of mistake of facts is on-and-off of red lights, the vehicle shall temporarily stop immediately before the intersection and proceed with due care for other traffic;
(Article 4(1) of the Road Traffic Act and Article 6(2) and attached Table 2 of the Enforcement Rule of the same Act. However, according to the evidence duly adopted and examined by the court below, the defendant was faced with the damaged vehicle that was going to go to the right from the left side of the road in the course of making a left-hand turn to the right-hand turn at the intersection between the housing and the road, and the damaged vehicle was not driven at a particularly rapid speed. At that time, the defendant’s signal to the intersection was red-off and the green signal to the intersection was recognized in the direction of the damaged vehicle.
In accordance with the above facts, it is reasonable to view that the accident of this case was faced with the damaged vehicle that was proceeding under the new subparagraph while entering the intersection without due care whether the defendant temporarily stops before entering the intersection and without due care is not a vehicle coming from the course. Thus, it is recognized that the defendant violated the signal.
Defendant’s assertion that he did not violate the signal is rejected.
In addition, according to the above evidence, in particular, when the defendant's vehicle faced with the damaged vehicle, the shock level was not small, and the people caused the occurrence of carbon in each vehicle, and furthermore, the defendant was temporarily stopped within the intersection after facing the damaged vehicle with the damaged vehicle, and it was between him and the damaged vehicle.