logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.01.21 2015노2568
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The defendant of the grounds for appeal clearly reported that the right turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn

The lower court’s determination was not only erroneous but also improper because the sentencing of the lower court (2.5 million won) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below, such as the response to the request for traffic accident analysis, which is an objective data to determine the factual misunderstanding argument, the defendant's assertion on this part is not accepted, since it is sufficiently recognized that the defendant violated the signal by making the left-hand turn turn to the right at the intersection where the accident of this case occurred.

3. The Defendant’s crime of this case with respect to determining the illegality of sentencing is likely to cause personal damage by violating the signal signal at the intersection, and thus, has a large degree of violation of laws and regulations and the duty of care, and the Defendant does not seem to have any attitude to deny the violation of signal, notwithstanding objective and clear evidence.

In light of such circumstances and other conditions of sentencing as seen in the oral argument, even if considering the favorable circumstances for the defendant, such as the victim D’s injury is relatively minor, the sentence of the lower court is too unreasonable.

4. In conclusion, the defendant's appeal is dismissed on the ground that it is without merit, and the costs of the lawsuit incurred in the trial are to be borne by the defendant pursuant to Articles 191 (1) and 190 (1) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow