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(영문) 부산지방법원 2015.10.08 2015노1371
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) No erroneous determination of facts or misapprehension of legal principles did not change the car line rapidly without securing the safety distance, and there was no fact that the bus driven by the Defendant has infringed on two lanes, and thus, it cannot be deemed that there was an occupational negligence, such as the entries in the facts charged. Nevertheless, the judgment below convicting the Defendant of the facts charged in this case was erroneous or erroneous in the misapprehension of legal principles. 2) The sentence (7 million won of a fine) imposed by the court of unfair sentencing on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. The Defendant, at the lower court’s trial, has been dissatisfied with this part of the grounds for appeal. As to this, the lower court rejected its assertion on the following grounds under the title “a judgment on the Defendant and his defense counsel’s assertion”.

According to the evidence duly adopted and examined by this Court, the following facts may be acknowledged. ① The Defendant, at the third line of the road immediately preceding the instant accident, was driving at the same time after getting the bus passengers out of the road immediately preceding the instant accident, so that the front part of the bus left side is nearly about to the left side of the bus to the right side of the road. ② The instant bus was driven at the right side of the bus, and the victim died due to damage to the head, trees, and the chest of the chest because the bus was driven at the second line adjacent to the third line by the victim at the time when the bus was driven by the second line near the third line.

(3) At the time of death, the injured party shall use approximately half of the two lanes and three lanes in a horizontal line, both of which are filled up in the inner part of the earth.

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