logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.06.16 2016노1588
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, before entering the Republic of Korea, was making a slowly stopped in order to examine whether there is a vehicle driving on the right side from the left side of the proceeding direction, and thus, he fulfilled his duty of care.

Although the defendant's vehicle was parked on the left side of the accident site at the time, it was difficult to secure the view because the vehicle was parked on the left side of the accident site and the roadside trees were planted due to the change, so in order to consider the progress of the vehicle as soon as possible, it was inevitable to enter part as possible and stop.

The accident of this case occurred due to the victim's violation of the duty of care in front of the front bank and the duty of measures to take the same measures, since the victim's bicycle collisions the defendant's vehicle after the completion of several seconds after the defendant's vehicle was completely stopped.

Nevertheless, the lower court caused injury to a victim due to Defendant’s occupational negligence.

As such, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 3 million imposed by the court below against the defendant is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, in particular, the video of the black box and the statement of traffic accident report, i.e., the Defendant, while driving along the fire-fighting road and stopping at the second line as well as making a stop before entering the fire-fighting road, was stopped and did not look at the surrounding area; ii) it is difficult to take into account the driving situation of the vehicle without entering the parked vehicle, but it is not impossible to take into account the driving situation of the vehicle without entering the vehicle.

arrow