(영문) 청주지방법원 2014.08.21 2014노65 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2014.08.21 2014노65

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the defendant could sufficiently recognize the fact that the part of the victim D's bridge was damaged by the defendant's negligence while driving the vehicle in this case without properly examining the front side and the left side while driving the vehicle in this case, the court below acquitted the defendant on the ground that the proof is insufficient. Such judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. On August 20, 2013, the Defendant: (a) driven a vehicle with C7 tons of a C7 tons around 08:30 on August 20, 2013; and (b) proceeded to a three-lane-lane-only road, one-lane-only, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S.,

The Defendant did not properly examine the right and the right and the right and the right and the right and the right and the right and the right and the side of the victim D (19 years old, female) crossing the road to the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

The Defendant suffered injury, such as “infection, tension, etc.,” which requires approximately three weeks of medical treatment by occupational negligence, to the victim.

B. The lower court rendered a judgment that acquitted the Defendant on the following grounds.

1) The Defendant consistently waited from the investigative agency to this court for the suspension of himself/herself and waiting for his/her check-up. However, the Defendant asserts that there was no negligence on the part of the Defendant on the grounds that the victim, while crossing the way in which he/she operated his/her mobile phone, was not well able to see the way while driving his/her mobile phone, and went beyond the pipe for his/her own use, and thus, he/she was not guilty.

However, it is difficult to believe that the statements of the victim are reliable in that they are as follows. The victim is on the left side of the victim's own direction.

유사 판례

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