(영문) 수원지방법원 2018.07.09 2018노818 | 리걸엔진

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(영문) 수원지방법원 2018.07.09 2018노818

과실치상

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misapprehension of the legal principles, the collision of this case occurred in violation of the duty of care on the front side of the victim, and the defendant at the time was located at the lower end than the victim on slf and could not find the victim up to the day immediately before the collision. In the collision with the victim, there was no negligence on the part of the

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. On January 22, 2017, the Defendant, at around 02:30 on January 22, 2017, was getting out of the skiing ground located in F.

However, a person who gets a Bosky or skis is not obliged to regulate the speed of the people, to stick to other people's driving, and to predict the direction of the movement while observing other persons who are driving ahead of it on the basis of the direction of the direction of the movement and to prevent the accident from spreading.

Nevertheless, the Defendant, while getting off the beam in the right direction above the lower direction, was driven by a method of protruding down in the right direction above the lower direction of the slot line, and she gets out of the right direction (hereinafter referred to as the “J”) softenskys, and she gets out of the right direction, and she kids in the direction of the victim H(37 ). In the future, the victim’s left bridge and her am conflict with the part above the Defendant’s right shoulder and her amb, thereby causing injury to the victim, such as the Defendant’s opening of the left sleble in the right direction, which requires treatment for about two months.

B. The lower court found the Defendant guilty of the instant charges on the ground that the Defendant was negligent in neglecting his duty of care in light of the Defendant’s proceeding route, proceeding speed, and procedure method at the time of the accident, etc., and found the Defendant guilty of the instant facts charged.

(c)

1) Determination of the Committee.

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