교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 6 million, and Defendant B shall be punished by a fine of KRW 4 million.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A recognized Defendant A’s mistake and reflects it, the lower court’s punishment (4 months of imprisonment without prison labor and one year of suspended execution) is too unreasonable.
B. Defendant B (1) In fact, Defendant B entered the instant intersection by straight lines, and the signal was changed to a yellow signal at the time of passing through the center part of the instant intersection, and the signal was in conflict with A’s vehicle, which violated the signal, and did not violate the signal.
2) The lower court’s sentence (6 months of imprisonment without prison labor, 2 years of suspended execution) against Defendant B, which was unfair in sentencing, is too unreasonable.
2. Determination:
A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court as a whole, comprehensively taking account of the evidence duly admitted and examined by the lower court as to Defendant B’s assertion of mistake of facts, Defendant B’s assertion of mistake can be sufficiently recognized that Defendant B caused injury by shocking the vehicle of Defendant A as stated in the lower judgment’s judgment, and thus, the aforementioned Defendant’s assertion of mistake is rejected.
1) At the time of the instant case, Defendant B: (a) while driving a ready-light vehicle and driving a four-lane road in front of the local sports complex in the direction of the home-fluor; (b) there was a collision between Defendant A’s driver’s driver’s license and the left-hand turn at the opposite direction (hereinafter “instant traffic accident”); (c) the traffic signal system installed at the local intersection (hereinafter “instant intersection”) in which the instant traffic accident occurred, at the time of the instant case, at the direction of the traffic signal at one hour (hereinafter “instant intersection”) at the speed of 1:42 seconds of green signal 42 seconds, yellow signal 3:2 o-clock (the two direction: the two direction: the moving direction and the left turn turn turn), green signal at the right right turn 32 o-clock, 37 o-clock, 37 o-clock, two straight-way, two straight-way, two straight-way, two straight-way, two straight-way, two straight-way 37 o-way.