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(영문) 광주지방법원 2017.08.24 2016노4601
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The left turn is allowed on the one-lane of the instant road, but the left turn is not allowed on the two-lanes.

However, the defendant's left turn on the two-lanes of the road of this case is due to the fact that there was no direct margin sign on the two-lanes of the road of this case, and since the traffic accident of this case occurred by the vehicle of this case C using the defendant's vehicle of this case, the defendant is not negligent in the occurrence

In addition, the Defendant did not recognize the occurrence of the instant traffic accident.

B. The sentence of the lower court (one million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, namely, ① the indication on the two-lanes of the road of this case is somewhat little but not recognized as a straight line, and ② the fact that the two-lanes of the traffic signs installed on the road of this case can only be directly advanced, the Defendant’s left left-hand turn on the two-lanes of the road of this case is assessed by negligence.

In addition, the instant traffic accident conflicts between the front right part of C’s vehicle and the left part of the Defendant’s vehicle. In full view of the fact that the above collision occurred due to the Defendant’s negligence on the two-lane of the instant road, the Defendant was negligent in the occurrence of the instant traffic accident.

It is reasonable to view it.

Meanwhile, the Defendant recognized the occurrence of the instant traffic accident in full view of the following: (a) the victim’s vehicle was damaged; and (b) the Defendant stated in the investigative agency that “the Defendant had sound on a low-class vehicle.”

It is reasonable to view it.

Therefore, the defendant's assertion of mistake is rejected.

B. There are many circumstances shown in the argument of this case regarding the determination of the unfair argument of sentencing.

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