beta
(영문) 부산지방법원 2014.10.10 2014노2099

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles was done normally by complying with the speed limit according to the vehicle driving signal at the time of the instant accident, and the victim was forced to walk the victim to the crosswalk without permission due to violating the pedestrian stop signal. Thus, the Defendant did not violate his duty of care.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of ten-month imprisonment without prison labor imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On October 24, 2013, the Defendant driven D urban buses around 17:40 on October 24, 2013, and driven the home flusing road located in the Seo-gu Busan Seo-dong, Seo-gu, Busan, along the two-lanes in the direction of the Kucuk Athletic.

There are crosswalks where signal lights are installed on the front side of each side, and in such a case, the driver of the vehicle has a duty of care to safely proceed with the vehicle by considering whether there is a pedestrian crossing or another road at the above crosswalk or another road.

Nevertheless, in order to stop at a bus stop located on the right side of the road while driving the above signal, the defendant finds out the above-mentioned road by occupational negligence that does not see only two-lanes to the right side in order to stop on the bus stop located on the right side of the road and finds it late to the right side from the left side of the bus driving direction of the defendant, and without operating the steering gear or brake, the defendant's driver bus is right side without operating the steering gear or brake.