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(영문) 인천지방법원 2013.04.19 2012노3573
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In general, the court below erred by misapprehending the legal principles as to negligence, which affected the conclusion of the judgment, by misapprehending the legal principles as to negligence, on the part of the defendant, although the driver of an automobile operating an expressway does not have a duty of care to anticipate the pedestrian driving without permission on the expressway.

B. The sentence imposed by the lower court (two years of suspended execution in August) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below on the assertion of legal principles, the road of this case is located near the Seoul metropolitan circulation road, which is the exclusive road of ten-lanes in the central division, and the bus transfer site is installed near the site of this case, and there are several wings to prevent the entry of the vehicle into the bus transfer site, and there are no particular devices to prevent the entry of the vehicle into the bus transfer site. At the time of the accident, the road of this case was at night, but at the time of the accident, there was no particular obstacle to the driver's view and there was no particular obstacle to the driver's view. The driver of the vehicle driving on the expressway of this case is expected to cross the expressway in general, so that the driver of the vehicle can not take measures such as a sudden stop, etc. to prevent a collision with pedestrians, and if the driver of the vehicle without permission was able to immediately take measures such as a sudden collision with the pedestrian, etc., such as pedestrians without permission, even if there is a considerable degree of collision with the road without permission.

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