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(영문) 울산지방법원 2020.10.23 2020노694

도로교통법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the instant traffic accident by mistake of facts and misunderstanding of legal principles occurred due to the victim's violation of the duty of exclusive care, there is no proximate causal relation between the defendant's negligence and the occurrence of the instant traffic accident, and even though there is no fact that the damaged vehicle was damaged due to the instant traffic accident, the court below erred by misunderstanding of facts and misunderstanding of legal principles

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. According to the judgment of the court of fact-finding and the evidence duly adopted and examined by the court below on the assertion of mistake of facts and misapprehension of legal principles, the damaged vehicle is driving ahead of the intersection at the left-hand turn, and the traffic signal installed at the intersection was a straight line and the left-hand turn signal for the left-hand turn. On the other hand, the Defendant’s bicycle was driving along the third straight line, which is a straight line, and the Defendant was driving ahead of the damaged vehicle of the first bicycle beyond the limitation line for career change after turning back to the right-hand left-hand side, and eventually, the traffic accident of this case where the damaged vehicle did not avoid the Defendant’s bicycle, and the Defendant’s bicycle back wheel part of the damaged vehicle was damaged due to shock by the shock of the traffic accident of this case. In full view of the above facts, it is sufficiently recognized that the traffic accident of this case occurred due to the Defendant’s prohibition of career change and that the damaged vehicle was damaged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding facts or misunderstanding legal principles,

Therefore, the defendant's assertion is without merit.

3. The instant crime is deemed to be the instant crime on the assertion of unfair sentencing.