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(영문) 대전지방법원 2014.01.09 2013노1674

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant traffic accident, the Defendant, at the time of the occurrence of the instant traffic accident, led to a bypassing the vehicle while the pedestrian signal, etc. was red, and thus, cannot be deemed as an accident caused by the

B. Even if the defendant's conviction on the grounds of unfair sentencing is recognized, the punishment of a fine of two million won imposed by the court below is too unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined in the court below's decision on the assertion of mistake of facts: (i) the defendant alleged that the defendant violated the signal at the time because the pedestrian signal was red, not himself, but the victim was the victim who dried the crosswalk. However, the victim's statement to the effect that "at the time, the pedestrian signal was green, which was about two vehicles in the first and second lanes, and there was a collision with the defendant's vehicle driving the third vehicle during the bicycle crossing, and accordingly, it was impossible to find the defendant's vehicle driving because the vehicle was placed in the vehicle waiting in the first and second lanes; (ii) the witness of the accident was the witness's statement to the effect that there were two vehicles in the first and second lanes at the time, and that the pedestrian signal at the time of the accident was hard to be used as witness at the time of the accident, and thus, the pedestrian signal at the time of the defendant's replacement was not only the victim's statement but also the pedestrian signal at the time of the accident, but also the victim's statement was made in front.