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(영문) 대전지방법원 2016.12.08 2016노2548
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) at the time of the instant case, the error of mistake is erroneous in matters of determination of facts in the judgment of the court below which acquitted the Defendant, even though the Defendant could have discovered D in advance if the Defendant had well known the front left well, in light of the following: (b) the Defendant’s driver’s car at the time of the instant case’s operation of the Do driving, driving along the two lanes in order to avoid the car of the Defendant’s driving that is bypassing from the front right bank; (c) the driving distance from the Defendant’s vehicle at the time of the operation of the hand at the time of the operation of the hand at a speed lower than the restricted speed; and (d) it

2. Determination

A. The lower court found the Defendant not guilty of the charges of this case on the grounds that: (a) the following circumstances acknowledged by the video of CDs and the statement of the traffic accident analysis report are: (b) the Defendant stopped before and entered the intersection; (c) the Defendant: (a) the vehicle entered the intersection; (d) the vehicle entering the intersection bypassing it; (b) the Defendant again stopped from the secondary line front of the right side of the road; (c) the Defendant was presumed to have been located at approximately 75 meters back from the intersection at the time of entering the intersection; (c) when the vehicle enters the intersection slowly within the right side of the road, it is difficult to view that there is no reasonable causal relation between the Defendant’s act of driving and the victim’s death, in light of the fact that it was difficult to deem otherwise between the Defendant’s death and the Defendant’s act of driving, since it was beyond the central line by rapidly crossing the steering gear.

B. Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and the following circumstances acknowledged by the evidence duly adopted and examined by the court below are met.

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