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(영문) 서울북부지방법원 2017.07.07 2016노2372

교통사고처리특례법위반

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant was driving a taxi at a speed of almost little to turn left at the time of the accident, and the victim purchased from the taxi company that had previously worked by the Defendant, and intentionally shocked the taxi of the Defendant’s driving while driving the motorcycle.

In this process, the defendant has no breach of duty of care.

Nevertheless, the lower court erred by misapprehending the facts charged and thereby convicted.

2. According to the evidence duly admitted as a result of the examination of evidence, in particular, a black image where the scene of the accident took place, the fact that the taxi operated by the defendant violated the signal at the intersection where the left-hand turn turn turn turn turn turn turn turn turn turn turn turn turn turn, and also the victim C driver who was on duty in violation of the signal, and the vehicle that was parked in the signal at the time of the accident with the signal signal at the time of the accident was at a location where the defendant and the victim were in difficult to look well at each other, but the speed of the taxi operated by the defendant was nearly at a location where it was difficult for the defendant and the victim to look at it.

It may be fully recognized that the defendant has violated the duty of due care as a person engaging in driving service.

Defendant’s assertion of mistake is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.