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(영문) 대전지방법원 2017.12.13 2017노2060
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have entered the intersection in violation of the signal, the lower court convicted the Defendant of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., ① the point at which the Defendant’s vehicle entered the intersection passes by a considerable time from the point of time when most vehicles going in the same direction as the Defendant pass through the intersection; ② there was no other vehicle entering the intersection at the time when the Defendant’s vehicle enters the intersection; ③ the vehicle immediately after the Defendant’s vehicle entered the intersection was stopped by the victim’s vehicle at the time of entering the intersection; and ③ the vehicle immediately following the Defendant’s vehicle was at the time of entering the intersection; on the other hand, the victim’s vehicle going into the intersection at the time of entering the intersection also started to enter the intersection by violating the victim’s signal.

Based on the judgment, the defendant was convicted.

A thorough examination of the records of this case in light of the evidence, the court below's judgment that found the defendant guilty of the facts charged of this case based on the above determination of evidence is justified.

Therefore, the court below erred by misunderstanding the facts pointed out by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the degree of injury to the victim due to the instant traffic accident is relatively not much serious.

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