[중과실치상][집18(3)형,018]
The case holding that it is not possible to recognize causation between the act of verbal expression and the occurrence of an accident caused by the second wheel of the three-wheeled motor vehicle, which is set up on a photo-spact package with the back wheels only without a complete brakes.
Unless there are special circumstances, the causal relationship between the act of orally supporting the rear wheels of the three-wheeled vehicle, which is equipped with the cargo (3 tons) with the two back wheels only, and is placed on a photo-shot package, with the rear wheels, and the occurrence of accidents caused by the rear wheels of the three-wheeled vehicle cannot be recognized unless there are special circumstances.
Article 268 of the Criminal Act, Article 17 of the Criminal Act
Defendant
Prosecutor
Busan District Court Decision 69No2146 delivered on April 29, 1970
The appeal is dismissed.
As to the grounds of appeal by the Prosecutor of Busan District Prosecutor's Office
According to the judgment of the court below, the court below acknowledged the following facts based on the timely evidence. In other words, the place where the driver stopped the above three-wheeled vehicle is hard to find the following facts. In other words, the victim of the asphalt 15 degrees 7.55 meters wide, and the driver's uniform of the above three-wheeled vehicle was parked above the above three-wheeled vehicle, which was the victim of the above three-wheeled vehicle, and the above three-wheeled vehicle was stopped above the above road. In such a case, the court below rejected the above one-way vehicle's driver's license after reviewing the above facts, which was the safe brake, and the "I" should take place without the "I", but it was hard to find that there was an attack against the above two-way wheels of the above vehicle, and it was hard to find that the above one-way driver's license of the above three-wheeled vehicle did not go to the left-hand side of the vehicle, and there was no violation of law by the court below after examining the above facts.
In order to completely operate a motor vehicle, it is necessary to take one quizzle of the above quizzle of the motor vehicle with the above quizzle of the motor vehicle, and if the motor vehicle stops on a photographic road without using three quizzle of the motor vehicle, the quizzle of the motor vehicle without using the quizzle of the above quizzle of the motor vehicle, even if the motor vehicle stops on the quizzle of the motor vehicle, the quizzle of the motor vehicle becomes worse and its body is naturally low. The above quizzle of the motor vehicle without using the above quizzle of the motor vehicle's quile of the motor vehicle's quizzle of the motor vehicle, so it is difficult to find the above quizzle of the motor vehicle to take another quizzle of the motor vehicle without using the quizzle of the motor vehicle's own quile of the motor vehicle, and thus, it is difficult to find the above quile of the motor vehicle's quile of the motor vehicle without the above quile of the vehicle.
Therefore, it is so decided as per Disposition with the assent of all participating judges.
The judges of the Supreme Court (Presiding Judge)