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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)
A. Error of facts and misapprehension of legal principles: (a) the Defendant was loaded with a 25 ton dump truck which the Defendant was driving, and the Defendant was unable to listen to any shock other than the sound that the Defendant was faced with the fump truck at the time of the instant accident; and (b) the Defendant was unable to see that the fump truck was at the time of the accident, and that the fump was at the time of the accident, and that the fump was at the time of the accident, and the Defendant was
(2) The victims shall not be deemed to have suffered injury to the extent that they need rescue measures, in light of the state, etc. of the victims.
(3) There was no obligation to take measures under Article 54 (1) 1 of the Road Traffic Act against the defendant due to the occurrence of scatterings, etc. on the road due to the instant accident.
B. Even if the facts charged in the instant case are recognized as guilty, the lower court’s punishment (basic fine of KRW 5 million) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. According to the lower court’s judgment and the evidence duly adopted and examined by this court, the following facts or circumstances are revealed. The Defendant seems to have dolusently recognized that the occurrence of the instant accident and the passengers of the damaged vehicle may suffer the injury or have damaged the damaged vehicle.
This part of the defendant's assertion is without merit.
① The victim E stated that “the sound at the time of shock was cut off from the train. At the time of shock, this was the degree of brushing and plicking of trees, and the body was both sides.” The victim E stated that “The occurrence of considerable shocks at the time of the accident and the occurrence of damaged vehicles are far away from the point of view at the time of the accident and the fact that the damaged vehicle was pushed down to the right side.”
Even according to the evidence submitted by the defendant, the noise in the truck is 76.7dB.