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(영문) 춘천지방법원 2018.06.29 2017노331
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles, witness witness and victim’s statement are not reliable, and the defendant did not violate the signal at the time of passing through the intersection of this case, and thus the dismissal judgment should be pronounced. Even if the defendant’s signal violation is acknowledged, there is no substantial relation between the defendant’s signal violation and the accident of this case.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles 1) At the time of passing through the instant intersection, we examine whether the Defendant violated the Defendant’s signal signal, and the credibility of the victim’s legal statement.

The defendant asserts that when the vehicle signal was fast due to the direction of cross-road signal apparatus, the victim's access speed to the road, etc., the defendant did not have credibility in the victim's statement that the vehicle signal was fast, and that the vehicle was dried (the direction of driving from the long distance to the master's distance).

However, the following circumstances acknowledged in accordance with the evidence duly adopted at the court below and the court below, i.e., ① the instant cross-section enters the same time, and if the signal in the direction that the injured party go to a master's length distance from the long distance, the signal in the opposite direction naturally would be a stop signal, and ② the injured party proceeds to a master's length distance from the distance on the side of the sidewalk, and crosses the road before reaching the instant intersection. From the perspective of the injured party, the vehicle should pass through the stop line by using the signal, and thus, it is common to view that the crossing of the injured party does not reach the stop line. On the contrary, in the opposite direction, the crossing of the victim does not reach the stop line.

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