logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.11.18 2015노2354
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. There is no causal relationship between the defendant's occupational negligence in mistake of facts and the occurrence of the instant accident.

B. The sentence imposed by the lower court on the Defendant (or four months of imprisonment without prison labor, one year of suspended execution, and forty hours of the compliance driving lecture) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court also asserted the same grounds for appeal. According to the evidence of the lower court’s judgment, the Defendant, based on the time indicated in the video CD, did not temporarily stop at the intersection where the instant accident occurred, at around 19:14:09 on May 25, 2014, immediately approach to the speed of about 26 km/h. The instant accident occurred on May 25, 2014, after approximately 2 seconds passed from that point, at around 19:14:11 on May 25, 2014. Considering these circumstances, if the Defendant temporarily stopped the instant accident in accordance with the red light light light installed at the site of the instant accident and took care of other traffic, there is sufficient probability that the instant accident would have occurred between the Defendant’s act of violating the signal and the instant accident, and thus, there is no reasonable causal relation between the Defendant’s act of violating the signal and the Defendant’s act of operating the instant accident at the scene of the instant accident at the speed of 7 m.

Even such circumstance alone can be seen as denying causation.

arrow