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(영문) 대전고등법원 (청주) 2014.05.01 2014노19

일반교통방해치사등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) An accident occurred in the course of the victim M&M, who died of a misapprehension of the legal doctrine (the part concerning the crime of causing general traffic obstruction and causing general traffic obstruction), due to the occurrence of an accident in which the above M&M vehicle stoppeded prior to the order of care to maintain safety distance, etc. The victims suffered an injury or died. As such, it cannot be deemed that there was a causal relationship between the defendant's general traffic obstruction crime and the victims' idea, and it cannot be deemed that there is a possibility of expectation of the defendant's occurrence. 2) The sentence of unfair sentencing decision of the court below (three years and six months of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (three years and six months of imprisonment) is too unhued and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misapprehension of the legal principles, the lower court determined that the causal relation and the result of thought should be predicted as a result of the act as a result of an aggravated crime resulting from general traffic obstruction, and that proximate causal relation is not the only cause or direct cause of the Defendant’s act and the result of the victim’s thought, and that proximate causal relation in this case may be acknowledged even if there are concurrent cases, such as the victim or a third party’s negligence, and that the possibility of predictability should be strictly taken into account the degree of the Defendant’s act and the response status of the victim, even if there was a negligence in violation of the victim’s duty of care, such circumstance alone cannot be deemed to have reduced the causal relation between the Defendant’s crime of general traffic obstruction and the result of the victim’s thought, and that there was a possibility of the Defendant’s occurrence in light of the Defendant’s statement, etc., the lower court’s judgment is justifiable and it is reasonable in light of the relevant legal principles and records.