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(영문) 창원지방법원 2015.04.02 2014노2801

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of four million won) is deemed to be too unreasonable in light of the gist of the grounds for appeal.

2. The judgment is the first offender who has no criminal history, the recognition of the crime and the mistake are against a certain degree, the fact that the victim H voluntarily was accompanied by the defendant's vehicle, and that the defendant deposited KRW 2 million for the victim is favorable to the defendant.

However, an accident caused by the Defendant is a collision with a bus with passengers in a considerable intensity, which may cause serious harm to human life, and the fault of the Defendant in relation to an accident was also higher (any vehicle seeking to enter an intersection where traffic control is not performed, shall slow down when the width of the intersection is wider than that of the road in which the vehicle is passing, and when there is another vehicle seeking to enter the intersection from a wide area of the road, the vehicle must yield the course to the vehicle. Thus, when the vehicle intends to enter an intersection where traffic control is not performed on a narrow road, it is necessary to first take into account whether there is a vehicle seeking to enter the intersection where the width is narrow, and if there is such vehicle, it is necessary to yield the course to the vehicle, and even if it is possible to enter the intersection first after arrival at the intersection, it is impossible to enter the intersection more than that of the Defendant’s vehicle having entered the intersection where the width is wider than that of the road (see, e.g., Supreme Court Decision 2006Da1664, Nov. 26, 1993).