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(영문) 광주지방법원 2018.04.25 2017노3919
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, while driving a vehicle with a misunderstanding of the legal principles, is driving the vehicle to drive a new road in lightyang Eup at the time of lightyang, and the Defendant passed through the crosswalk in the front direction (hereinafter “instant crosswalk”).

The accident of this case occurred while entering lives into the lives of the victim and shocking the victim's vehicle.

The prosecutor asserts that the Defendant caused a traffic accident while driving a vehicle in violation of the signal, although the victim sent the vehicle aid, etc. (hereinafter “the instant vehicle aid, etc.”) at the time of passing the instant crosswalk. However, the instant vehicle aid, etc. are not installed on the front side of the instant crosswalk, but installed toward the licking direction, and thus it could not be seen by the Defendant. Thus, the Defendant did not have driven a vehicle in violation of the signal, or did not have any intention to violate the signal.

On the other hand, the accident of this case occurred at a considerable distance from the crosswalk of this case, so the defendant cannot be deemed to have violated the signals, such as the provision of the vehicle subsidy of this case.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

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

2. Determination on the misapprehension of facts and misapprehension of legal principles

(a) In a case where an intersection is installed adjacent to the crosswalk, and the vehicle signal apparatus is only installed at the intersection, the vehicle signal apparatus for the vehicle should be viewed as not only the vehicle’s passage to the intersection but also the vehicle’s passage to the crosswalk immediately preceding the intersection, and the vehicle aid, etc. is not installed on the side of the crosswalk’s walking, etc.;

It shall not be deemed that there is no signal, etc. for the vehicle on the crosswalk.

. The above.

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