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(영문) 광주지방법원 2018.01.10 2017노1755
도로교통법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant [the defendant (the defendant of the first instance court's judgment)'s punishment (the defendant's punishment of 20,000 won) of the first instance court is too unreasonable.

B. In determining whether the prosecutor's vehicle's failure to commit a traffic accident (as to the judgment of the court below 2), it should be determined on the basis of "the body of the vehicle" rather than "the body of the vehicle" for the protection of the other driver's trust and the prevention of the occurrence of large traffic accidents. The degree of "part of the body of the vehicle" should also be deemed as the central crime when the center line is invaded. In other words, the following circumstances revealed by the evidence submitted by the prosecutor, i.e., ① the parts of the back wheels and back wheels of the motor vehicle operated by the defendant's driver at the time of the occurrence of the traffic accident in this case, and ② if the defendant did not commit a traffic accident in this case, the traffic accident in this case did not directly lead to the occurrence of the traffic accident in this case.

It is reasonable to view it.

Nevertheless, the second instance court dismissed the prosecution of this case, and the second instance judgment erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. Determination as to the prosecutor’s assertion of mistake of the facts (1) The Defendant is a person who drives a Glearning car.

On August 4, 2016, the Defendant driven the above car at around 13:20 on August 4, 2016, and proceeded at a speed below the speed in the city of speed from the front of the I Taekwondo box located in the Seo-gu in Gwangju, Seo-gu.

At this point, the traffic of ordinary vehicles is frequent in the densely-populated commercial areas where the central line is installed, so a person engaged in driving service shall reduce the speed and avoid obstacles while keeping the right and the right well.

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