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(영문) 서울서부지방법원 2014.11.20 2014노910

교통사고처리특례법위반등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the non-guilty part of the judgment of the court below against Defendant B of mistake of fact (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victim G), the court below acquitted Defendant B of this part of the facts charged, even though according to the evidence submitted by the prosecutor, although it can be recognized that Defendant B's head was shocked with the front quip fixed V and caused the victim's death, it is erroneous in the misapprehension of facts.

B. Each sentence of the lower court against the Defendants (the Defendant A’s fine of KRW 5 million, and the Defendant B’s fine of KRW 1 million) is deemed unreasonable and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the charge of the non-guilty part of the Defendant B’s charge is that the Defendant operated the L Slovad Oba (hereinafter “A’s Oba”), and the Defendant operated the mixed CBR Ora (hereinafter “the Defendant’s Obaba”) with no number plate.

A around 00:58 on August 11, 2013, the Defendant and A driving of the above Orabababababa, and the underground lane of Yongsan-gu, Yongsan-gu, Seoul and the underground lane led to the speed of about 70 km from the ice and the new East Asian shopping center at a speed of about 70 km each.

At night, the surface of the road is sucked at night, and the above underground level of the road was a safety sign to be driven at the entrance of a bend, and thus, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and keep the front door well, while maintaining the safety distance, to prevent the accident in advance.

Nevertheless, while the Defendant and A neglected this, while proceeding in danger of overtotoba in an unreasonable manner, they are proceeding without putting a speed on the front bank, and they find the bend road late, and do not accurately manipulate the steering direction and operation devices, and use it as a result of the failure of accurately manipulating the steering direction and operation devices, the Defendant and A’s negligence, and the victim G, who took place, shall be laid off.