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(영문) 수원지방법원 2020.05.13 2019노6324

교통사고처리특례법위반(치상)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). We examine the Defendant’s assertion on unfair sentencing.

Even based on the “vehicle black image video” duly adopted and investigated by the lower court, the Defendant, who is engaged in taxi driving service, has entered the intersection without stopping, even though a signal going through the intersection of the front side has already been changed from yellow to red, thereby causing the instant traffic accident. Accordingly, the victim, who was a driver of the Ortoba, suffered a serious injury by 12 weeks.

It should not be considered as the sentencing grounds of the defendant in determining how the victim operated the Oral Sea.

This is because the defendant's wrong operation of a taxi in violation of the proceeding signal is apparent while entering an intersection with a lot of vehicles.

In addition, the victim completed the military reserve normally on January 6, 2020, but in this case, the victim far passed 12 weeks from the traffic accident of this case on May 30, 2019 where "the victim caused serious injury to the 12th century" and it merely means that the victim completely recovers the physical health without any ex post facto gift, and such circumstance was fully reflected in the judgment of the court below.

Therefore, it is not possible to consider the reasons for sentencing that have changed favorably in the trial.

A person who is engaged in driving of public transportation, such as a taxi or bus, shall safely drive a motor vehicle, such as compliance with traffic regulations, in order to prevent the occurrence of traffic accidents due to the relationship that is engaged in driving of the motor vehicle at all times.