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(영문) 의정부지방법원 2014.10.10 2014노754

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by a mistake-finding prosecutor, the road where the instant traffic accident occurred (hereinafter “instant road”) is limited to 30 km speed per hour, and the Defendant’s operation of the vehicle at the time of the instant case at a speed of 60.8 km per hour.

Therefore, the judgment of the court below that acquitted the defendant on the ground that the defendant was found not guilty of violating the duty of care in the course of performing 30 km a speed exceeding 30.8 km a speed exceeding the speed of 30.8 km a speed of the road

B. In light of the legal principles, even if the defendant's duty of care is not recognized for the above reasons, the defendant's driver's vehicle is affiliated with the taxi mutual aid association, and thus, the dismissal judgment should be sentenced

2. Determination

A. Based on the evidence and the data submitted, the court below found that there is no sign to cancel the maximum speed limit on the road of this case, and there is no sign to cancel the maximum speed limit on the road of this case between South and North Korea and the road of this case. ② On the road of this case, the road of this case (the road of this case to North Korea from South and North Korea) the road of this case is proceeding toward North Korea from South and North Korea, ② there is a sign to limit the maximum speed from about 500 meters south (in short, about 500 meters from the direction that the defendant is proceeding) at the point where the traffic accident of this case occurred to South and North Korea, ③ there is no sign to cancel the maximum speed limit on the road of this case on the road of this case, ③ there is no sign to cancel the speed limit on the road of this case to North Korea from South and North Korea along the upper parallel of the road of this case, and ④ there is no sign to cancel the speed limit on the road of this case to South and North Korea from the direction of the road of this case.