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(영문) 대전지방법원 2016.01.14 2015노2007
교통사고처리특례법위반
Text

All appeals filed by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On June 4, 2013, Defendant 1, misunderstanding the facts, or misapprehending the legal principles, was a driver of the F clothing front of the F clothes in the Dong-gu Daejeon, Daejeon, while driving a cargo vehicle at around 20:40 on June 4, 2013, and driving it toward the scarke distance from the four-way distance to the scarke distance, and the victim was coming to the center of the road, and the accident of this case occurred due to the Defendant’s vehicle and the subordinate part of the road. As such, the Defendant did not have been negligent in breach of the duty of care, and even if the Defendant driven the vehicle with due care, the relationship between the Defendant’s breach of the duty of care and the occurrence of the instant accident is not recognized.

2) Unreasonable sentence of the lower court (one year of imprisonment without prison labor, two years of suspended execution) is too unreasonable.

B. The court below’s sentencing (unfair sentencing) is too unfortunate and unfair.

2. In full view of the following circumstances, namely, the lower court’s determination on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, i.e., (i) the place where the instant accident occurred in the vicinity of the dwelling area and commercial building, where a pedestrian was installed, and where a pedestrian was not present at ordinary places; (ii) the place where the accident occurred is located in the crosswalk, which is a place which is not far away from the crosswalk, and (iii) the place where the accident occurred is a place where the accident occurred, and (iv) the place where the Defendant was driven, and the place where the accident occurred, which is a place where the accident occurred, might have been easily seen as having any obstacle in the front direction because it would prevent the accident from leaving the place where the accident occurred in the front direction; and (iv) the victim appears to have been near the center line immediately before the accident, if the

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