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(영문) 광주지방법원 2013.11.20 2013노1910
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the defendant violated the signal and caused the instant traffic accident, and the judgment of the court below which rejected the public prosecution is erroneous by misapprehending the legal principles or misapprehending the legal principles.

2. Determination

A. The lower court rendered a judgment dismissing the instant public prosecution on the ground that, as indicated in its reasoning, the victim, who was unaware of the fact that the signal system on the day of the accident was changed from the existing “on the left-hand position” to the “on the left-hand position”, was aware of the fact that the left-hand turn was possible as in the past, and the possibility of the instant accident occurred cannot be ruled out. The evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant violated the signal, and there is no other evidence to acknowledge that the Defendant was in violation of the signal, and that the vehicle driven by

B. In light of the following circumstances revealed by the court below's decision, i.e., ① the result of the examination of a false horse detection machine was not admitted as evidence and there was no objective evidence other than the victim's assertion, and ② although the signal system in the direction of the victim's progress was changed from the "on March 28, 2013 to the "on the direct post position", the victim stated that he was unaware of such circumstances at the time of the accident, the above decision of the court below is just and there was no error of law by misunderstanding the facts or by misunderstanding the legal principles, and thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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