교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Since the road that the defendant misunderstanding the facts led is larger than the road that the victim passed, the defendant has a preferential right to cross-road traffic. As long as the defendant first entered the intersection than the victim, the defendant has a duty of care to prepare for the collision by predicting that the victim would last enter the intersection.
subsection (1) of this section.
Nevertheless, the court below held that the defendant neglected the above duty of care.
In light of the facts charged in this case, the court below found the defendant guilty. In so doing, the court below erred by mistake of fact.
B. The sentence of the lower court’s improper sentencing (six months’ imprisonment without prison labor) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the lower court determined that the Defendant was negligent by finding the victim who was trying to enter the said intersection in front of the F (hereinafter “instant intersection”) located in Chungcheongnam-gun budget-gun, and without yield the course to the victim, while the Defendant, who was trying to cross the intersection on a narrow road, ought to pass through the intersection and yield the passage to the intersection. However, the Defendant was negligent by finding the victim who was trying to enter the said intersection in front of the F (hereinafter “instant intersection”).
In view of the facts charged of this case, the judgment of conviction was rendered.
2) According to the current state of the intersection of this case and the evidence duly adopted and examined by the court below and the court below, ① the road where the defendant was proceeding and the road where the victim was proceeding is the road of the two-way line. The road of this case is the road where all lanes increase as the intersection of this case becomes close to the original intersection of this case. ② The entire width of the road where the defendant was proceeding at the intersection of this case is 12 meters (total length of two lanes and one-lanes in the opposite direction) and the entire width of the road of this case is 8m 55m (total width of two lanes).