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(영문) 서울북부지방법원 2014.10.23 2014노869

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) The Defendant: (a) while getting on and off a bicycle at the time and place as indicated in the facts constituting the crime as indicated in the judgment of the court below; (b) 3 people, including the victim G, walked a bicycle labelling at the front direction of the Defendant’s proceeding; (c) the victim’s his/her father and her husband left the way to turn on the right side; and (d) the Defendant tried to drive and proceed with a bicycle between the victim and the victim; (c) the victim was the left side of the Defendant’s bicycle riding direction; and (d) the victim was the Defendant’s bicycle riding side and her own bicycle riding side of the bicycle, and the victim was not able to hear and play the Defendant’s bicycle labelling, and as indicated in the facts constituting the crime in the judgment of the court below, the Defendant cannot be deemed to have violated any duty of care.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. We examine the defendant's assertion of mistake of facts ex officio.

A. Recognizing that the Defendant committed a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the lower court acknowledged the Defendant’s criminal facts as the same as the entry in the following, partly different from the facts charged in this case.

On October 21, 2013, the Defendant driven a bicycle as of October 11, 201:50, and proceeding a two-way road for the concurrent use of bicycles and pedestrians in front of the F Hospital located in Dobong-gu Seoul, Seoul, the Defendant was a victim who neglected his/her duty of care to take well-being of pedestrians, thereby preventing accidents in advance, and neglected his/her duty of care to prevent accidents.