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(영문) 서울동부지방법원 2020.11.12 2020노519
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The term "in the case of operating a vehicle in violation of signals by signal apparatus" under Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Error of Traffic Accidents means a case where a violation of signals directly causes a traffic accident.

However, Defendant’s act of violating signal does not directly cause the occurrence of the instant traffic accident.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as this part of the grounds for appeal, and the lower court, based on its stated reasoning, determined that the instant traffic accident occurred due to the Defendant’s negligence of violating the Defendant’s signal signal.

If the above judgment of the court below is examined closely in light of the records, the judgment of the court below is just, and there is no error of misunderstanding of facts as alleged by the defendant, and the defendant's allegation of mistake in this part

B. The fact that the bus driven by the defendant on the argument of unfair sentencing is a member of the bus mutual aid association is favorable to the defendant.

However, in full view of the following: (a) the instant traffic accident was determined appropriately by fully considering all the circumstances, including various grounds for sentencing, as argued by the Defendant, and there is no special circumstance to change ex post facto sentencing, as it appears that the Defendant’s punishment was determined in full view of the following: (b) the traffic accident caused the victim to suffer an injury requiring medical treatment for about eight (8) weeks by shocking the error of the victim’s driving who operated the bus in violation of the signals; (c) the nature of the crime is not good; and (d) no agreement has been reached with the victim; and (d) other reasons for sentencing indicated in the argument and the record of

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