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(영문) 의정부지방법원 2014.09.26 2014노194

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant's vehicle in contact with the victim's vehicle and there was no accident, the judgment of the court below which found him guilty of the facts charged in this case is erroneous in misconception of facts.

2. The judgment of the court below also argued to the above purport, and the court below, based on the evidence duly adopted and examined by the court below, such as the result of the recovery of black boom CDs installed on the victim's vehicle, the defendant, while driving a vehicle at the time of this case and driving a vehicle along one-lane road at the time of this case, led to the opposite lane going beyond the center line of the opposite yellow cell line, and driving the opposite lane toward the opposite lane. The victim discovered the opposite lane and stopped the opposite vehicle as soon as possible. ② The victim stopped the opposite vehicle between the victim and the victim's 1 and the second second, and avoided the collision between the victim's vehicle and the victim's stop, but the defendant continued to drive the opposite vehicle in the opposite direction toward the opposite lane, and the defendant's vehicle in this case was found to not accept the defendant's vehicle in the same manner as the victim's vehicle in this case. < Amended by Presidential Decree No. 19600, Mar. 3, 2004>

Examining the facts admitted by the court below in light of the evidence adopted and investigated by the court below, the above fact-finding of the court below is just and acceptable, and according to the "the reply to the commission" of the head of the road traffic authority branch of Gyeonggi-do, which was submitted by the party deliberation commission, the defendant's vehicle in the black cream image installed on the victim's vehicle passes ahead of the victim's vehicle.