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(영문) 서울중앙지방법원 2015.09.17 2015노2862
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not fault with regard to the instant accident.

The Defendant was running normally without violating the signal, but the Defendant violated the pedestrian stop signal at night, and the victim is his own ability.

At the time, the victim is faced with the left-hand part of the driver's seat (on the side of the vehicle), and the defendant was not able to anticipate this accident.

Since there are many differences between the images that are considered as black videos and those who directly drive them, and these differences have not been proven scientifically, the circumstances that the defendant could have been recognized at the time of the accident should not be inferred as black videos.

B. The sentence imposed by the lower court (six months of imprisonment without prison labor and two years of suspended execution) is unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts.

① At the time of the instant accident, the Defendant was driving along the two lanes among the three lanes.

② A crosswalk that has a signal, etc. installed front in the direction of the Defendant driving along the crosswalk. Before the Defendant’s vehicle reaches the crosswalk, the Defendant had already changed the vehicle stop signal to the vehicle driving signal, and the Defendant continued driving along the two-lanes without reducing speed.

③ At the time, the vehicle in front of the crosswalk was stopped by the Defendant’s vehicle on the one lane (an adjacent lane to the median line) along which the vehicle was driven by the Defendant, but even after the signal, etc. was changed to the vehicle driving signal, the vehicle did not start and continued in the second lane until the Defendant’s vehicle was on the crosswalk.

④ Based on the direction to be viewed by the Defendant while driving on the road, the aggrieved person shall be from the left side of the road at that time (the opposite side of the vehicular road) to the right side.

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