교통사고처리특례법위반(치사)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) was that the Defendant had not driven a vehicle at the time of the instant case by more than 20 km/h, and the Defendant was not likely to avoid traffic accidents in light of the fact that the victim was getting a bicycle and changed his own car line at the time.
2. The Defendant also asserted the same purport in the lower court’s determination as to factual misunderstanding and misapprehension of the legal doctrine, and the lower court, comprehensively taking account of the evidence in its holding, found that the instant traffic accident occurred due to the negligence, etc. driven by the Defendant in excess
In light of the records, the court below's rejection of the defendant's above assertion on the ground that the person can choose a seal, and in light of the records, the court below's judgment that found the defendant guilty of the facts charged of this case is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant (in the meantime, according to the video of the defendant's vehicle, it is confirmed that the speed of the defendant's vehicle up to 90km/h of the vehicle immediately before the occurrence of the traffic accident, but there can be an error in the speed shown on the screen by measuring the speed through the black box, etc., in light of the fact that there is an error in the speed exceeding 20km/h.
It shall not be readily concluded.
Nevertheless, the defendant's negligence is still recognized as a result of driving beyond the speed limit at the time of the instant case or neglecting the view on the front side). 3. Thus, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.