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(영문) 수원지방법원 2013.09.04 2012노4928
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds of appeal in light of the following: (a) at night at the time of the instant accident, the instant accident occurred; (b) since the Defendant was in a state of sucking sucking surface at night; (c) even if the Defendant was in a situation where the safe operation was required by reducing speed, the Defendant was driving at a significantly more than the restricted speed; and (d) the Defendant was unable to avoid the damage vehicle due to speeding, even if the damaged vehicle had been witnessed in violation of the signal prior to entering the intersection, which is the point where the instant accident occurred, even if the damaged vehicle was already going to the intersection,

Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

2. The following facts charged are examined ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, and the prosecutor raised the case at the trial.

3.(a)

The judgment of the court below is no longer able to maintain it in this respect because it applied for changes in the contents as stated in the same paragraph, and this court permitted changes in the contents of the judgment.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of the court, despite the above reasons for reversal of facts.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person engaging in driving a C-si.

On April 22, 2012, the Defendant driven the above taxi on April 22, 2012, and proceeded along two lanes from the edge of the horse to the color-distance distance. The Defendant driven the 4-lane road in front of the color police box, which is in the color-driven of the area of the Suwon-si.

At that time, the speed limit was about 80 km at a speed of 80 km, and thus, the level was lowered at the time, so a person engaged in driving of a motor vehicle is limited to 20.

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