교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the defendant violated his duty of care by complying with the restricted speed at the time of the accident in this case, and only proceeded in accordance with the code of the vehicle, and it cannot be said that the defendant has the duty of care to expect that he can enjoy the right on the crosswalk. In addition, the court below erred by misapprehending the legal principles on negligence, which affected the conclusion of the judgment, even though the defendant was at night, and even if the defendant was found to be late because the street, etc. around the accident place was taken out and the defendant could not avoid the accident if he was found late.
2. Determination
A. First of all, determination of the misapprehension of the legal principle is without merit, the defendant's assertion that he did not have a duty of care to expect the driver operating a road to enjoy on the road, such as crosswalks, and thus, the defendant did not have a duty of care to observe the outcome is not justified.
Next, examining whether there was a possibility to avoid the result of the investigation by the court below, the evidence duly adopted and investigated by the court below and the result of the appraisal commission by the Road Traffic Authority for Hyundai Motor Company and the Road Traffic Authority for the Party. The results of the fact-finding inquiry by the Hyundai Motor Company and the Agency for Road Traffic of the Esel Stacks are as follows: ① At the time of the accident, the accident in this case is at night, and the street lamps around the accident site were cut off, so it was difficult to view it. ② The defendant was driving at a speed of not less than 70 km but less than 80 km per hour in the road near the accident at a speed of not less than 80 km but less than a speed of not less than 70 km per hour; ③ the distance of stop at a speed of not less than 72.4 km per hour at the time of the accident at the time of the accident, according to the results of the appraisal commission by the Agency for Road Traffic, about 45.9 m. and 3.6 early.