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(영문) 전주지방법원 2020.04.29 2020노70
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no negligence with respect to the occurrence of the instant traffic accident, and even if the liability for negligence with respect to the occurrence of the accident was recognized, the Defendant had no intention to flee.

B. The sentence of the judgment of the court below on unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to whether the negligence of the traffic accident occurred, the Defendant’s fault liability is recognized in relation to the instant accident.

Therefore, this part of the defendant's assertion is rejected.

① Since the intersection where the instant accident occurred, the left left turn is applied to the intersection, the Defendant could turn to the left early only when the instant accident does not interfere with the vehicle coming from the opposite side at the time of the signal transmission.

Before the instant accident, the Defendant tried to make a left turn to the above intersection, and the Defendant was going to proceed with green signal at the opposite lane before entering the above intersection.

② The cargo vehicle that was driven before the Defendant was stopped in order to turn to the left at the first line in the above circumstances, and the Defendant also waiting behind the said cargo vehicle.

Since then, the above cargo vehicles failed to turn to the left and the defendant also tried to turn to the left, according to the black box image installed on the defendant's vehicle, the above cargo vehicles turn to the left. In this case, the cargo vehicles are waiting on the first line to turn to the left, and it seems clearly that the car in Myanmar is going to turn to the left at the second and third lines.

③ The Defendant immediately before the instant accident was waiting to turn to the left, and thus, the Defendant confirms the presence of the vehicle that proceeds from the instant accident.

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