logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.03.31 2015노1380
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to Paragraph 1 of the facts charged of this case, the defendant did not violate the signal, and rather, the victim D entered the private street intersection in violation of the victim D's signal and the accident of this case occurred, and the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts; ① the victim D has made a specific and consistent statement from the investigative agency to the court of the lower court on the background leading up to the occurrence of the instant accident; ② G taxi engineer who witnessed the scene of the instant accident; and ② witnessing the fact that the instant accident occurred due to the Defendant’s signal violation while he was waiting a taxi in the vicinity of the place where the instant accident occurred to board customers from the investigative agency to the court of the lower court.

The fact that the victim D consistently stated, ③ the cargo driver, who is waiting to turn to the left from the right edge on the road where the victim D operated the vehicle, sent a hand signal to the defendant due to the vehicle of the defendant while trying to turn to the left at the right edge from the investigative agency to the right edge and the left turn at the court of the court of the court below. The defendant sent a hand signal to the defendant. The defendant stated to the effect that the accident of this case occurred on the wind to enter the intersection distance in violation of the Gap's own signal, ④ there is no circumstance to see that G and H who observed the accident of this case and made a false statement for the victim D, ⑤ The signal light in the direction where the victim D driven during the intersection of the accident of this case.

arrow