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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. Comprehensively taking account of the evidence presented by the Prosecutor as to the gist of the grounds for appeal, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below, and the following circumstances revealed in the trial process of the court below and the court below, the traffic accident of this case can be recognized as having occurred due to the Defendant’s negligence in breach of the duty of care to ensure safe driving and examine the traffic situation of the front bank and its surrounding areas
① The instant traffic accident occurred due to the shock of the victim’s driver’s vehicle, which was driven from approximately 57 meters away from the tri-distance intersection where the signal lights are installed (hereinafter “instant intersection”), to approximately 71km in speed at a point of about 57 meters away from the stop line, led to the collision between the Defendant’s driving vehicle and the Defendant’s driving vehicle entering the road along the Defendant’s running direction.
② The instant traffic accident occurred at around 17:52,00 p.m. prior to sunset. There were three-lanes wide. At the time of the instant traffic accident, the number of vehicles was not high on the roads where the Defendant continued.
At the time, the defendant was driving a SUV vehicle more easily to secure the view because of the high driving capacity than the car.
The road on which the Defendant was running is obstructed by the point where the above traffic accident occurred, and there is a flower where the street trees are planted around the intersection of this case. However, due to the low height of the flower and the roadside trees, it did not interfere with the view of the Defendant in the course of entering the intersection of this case by driving a car. Therefore, the Defendant seems to have sufficiently seen not only the driving lane but also the U-turn section of the opposite line, the traffic situation, and the flow.
(3) The injured party shall make a U-turn together with one U-turn.