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(영문) 광주지방법원 2017.07.06 2016노3557
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant traffic accident occurred when the victim had access to the lane and stopped the Defendant’s vehicle. Thus, the Defendant was not negligent in the occurrence of the instant traffic accident.

B. The sentence of the lower court (2 million won) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of facts 1) The Defendant is a person engaged in the operation of a passenger car in CM520.

On February 8, 2016, the Defendant: (a) driven the said car without obtaining a driver’s license on February 14:15, 2016; (b) driven the said car; (c) proceeded on the road in front of the E-ray in Gwangju Southern-gu, from the central crossing to the monthly parallel; and (d) stopped at the accident place at a speed that would not be known again.

Since the passage of a vehicle is frequent, the driver of the vehicle has a duty of care to take care of the person engaged in driving the vehicle again while driving the vehicle, and to prevent the accident in advance by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant did not avoid the G OEba, which was driven by the victim F ( South, 61 years old) who was in the same direction due to negligence while neglecting this, and received the above part adjacent to the right side of the OEba in front of the left side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2) The lower court determined that the Defendant was negligent in causing the instant traffic accident on the grounds delineated below.

The decision was determined.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the victim was working normally at the time, and (ii) the Defendant’s car was on the side.

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