도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of the accident of mistake of facts, the Defendant: (a) led to the second line; (b) proceeded with the first line of the victim’s right-to-land; and (c) the Defendant was at a sufficient distance from the victim’s right-to-land at the time of the Defendant’s right-to-face transfer
There is no error in the judgment of the court below that found the defendant guilty of this part of the facts charged.
B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the following facts are recognized.
① On December 30, 2013, around 20:35, the Defendant moved bypassing the intersection in front of the “G cafeteria” located in Ansan-si C from the direction of the Defendant’s proceeding to the right-hand distance. At that time, there was an accident that the victim H, who was proceeding under a straight line from the left-hand side of the Defendant’s proceeding to the right-hand side, turns out more than 10 meters, and the victim suffered injury, such as the right-hand slots, in need of approximately 4 weeks of treatment.
② The victim consistently stated from the investigative agency to the court of the court below that “one ton of cargo (Defendant vehicles) from the right side to the intersection was in excess of the balke due to a sudden and sudden balke. After the accident, the Defendant’s vehicle seems to seem to have been snow, and the Defendant’s vehicle continued to walk up on a balke, and the vehicle number was memoryd, and reported to the driver of the road by her hand, etc.”
As above, in light of the fact that an accident that takes place beyond the victim's territory who was directly engaged in under the new subparagraph immediately after the Defendant entered the right ofpass, it is reliable to the victim's statement, and the Defendant may recognize the fact that the Defendant interfered with the victim's course and caused the instant traffic accident.
. This part.