교통사고처리특례법위반(치상)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles, unreasonable sentencing) recognizes that the defendant violated the signal, but the victim's negligence, such as the victim's violation of signal signals and the cross-section traffic method, has influenced the occurrence and expansion of the instant accident.
In addition, the sentence (10 months of imprisonment without prison labor, 2 years of suspended execution, and 5 years of law driving) imposed by the court below is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged as a result of the examination of evidence by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant recognized by the investigative agency that the signal from the direction of the defendant's proceeding was changed in green to red color before entering the intersection, but it was recognized that the signal from the direction of the defendant's proceeding was in conflict with the damaged climate by entering the intersection, notwithstanding the red signal in order to leave the intersection as soon as possible. The signal system of the effective distance in which the accident in this case occurred was changed to red signal, and the signal from the direction of the defendant's proceeding (in the case of the Yancheon District Court, the direction of the progress (in the case of the Southern District Court, the distance from the southwest bank) is changed to red signal, and the fact that the signal from the direction of the victim's proceeding (in the case of the accident, the accident in this case was directly in violation of the signal, and it seems that there was a conflict with the damaged climate starting under the new subparagraph. The content of the defendant's assertion alone is difficult to recognize the negligence of the victim.
Defendant’s assertion is not accepted.
B. The determination on the assertion of unfair sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act.
However, under the principle of court-oriented trials and the principle of directness, the sentencing of the first instance court, which is respected under our criminal procedure law, is unique and ex post facto in the appellate court.