(영문) 전주지방법원 2018.10.31 2018노923 | 리걸엔진

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(영문) 전주지방법원 2018.10.31 2018노923

도로교통법위반(사고후미조치)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the misunderstanding of the facts and misapprehension of the legal principles and occupational injury, the instant accident does not constitute a traffic accident under the Act on Special Cases Concerning the Settlement of Traffic Accidents, in light of the following: (a) at the time of the collision with QM5 passenger car (hereinafter “the instant accident”), the Defendant, after the previous traffic accident, placed his own vehicle on the site while leaving the site; (b) the Defendant terminated the Defendant’s driving act after leaving the site; and (c) there was no intention to drive.

Nevertheless, the judgment of the court below which dismissed the prosecution against this part of the facts charged on the ground that the accident of this case constitutes a traffic accident under the Act on Special Cases Concerning the Settlement of Traffic Accidents.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the order to attend a law enforcement lecture 40 hours, the community service order 120 hours) is too uneased and unreasonable.

2. Determination

A. Fact-misunderstanding and misapprehension of legal principles 1) On July 9, 2017, the Defendant: (a) driven a motor vehicle with D&7 AD around 01:27 around July 9, 2017; and (b) stopped a two-lane of the national highway No. 19 km from the red tunnel located in the house located in the Eup/Myeon located in the Eup/Myeon located in the north-gun, non-resident; (c) driven a two-lane of the national highway No. 1.2 km away from the right side to the right side of the non-resident at a speed of approximately 129.56 km away from the right side of the non-resident; and (d) stopped the buffer machine at a two-lane direction ahead of the Defendant’s left side of the Defendant’s vehicle; and (d) in such a case, the Defendant, who was engaged in driving service, was able to promptly install the two-lane vehicle with the duty of care to prevent the safety of the vehicle after performing the duty of care.

Nevertheless, the defendant is negligent.

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-교통사고처리 특례법

유사 판례

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