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(영문) 대구지방법원 2015.01.29 2014노3897
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, prior to the instant accident, misunderstanding of facts, showed an object that was examined in the central separation zone near the central separation zone prior to the instant accident, which is presumed to be the victim who died due to the prior accident.

피해자가 선행사고로 차량에서 튕겨져 나왔거나, 선행사고 이후 피고인이 피해차량을 충격하기 전에 차량에서 빠져나왔을 가능성이 있으므로, 이 사건 사고로 인하여 피해자가 피해차량 밖으로 튕겨져 나가 그 충격으로 사망하였다고 할 수 없다.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (4 months) is too unreasonable.

2. Determination

A. The following facts or circumstances are acknowledged according to the final judgment on the assertion of mistake of facts and the evidence adopted and examined by the lower court.

① On September 23, 2013, the Defendant driven the Poter Cargo (E) on September 23, 2013, while driving the national highway No. 36 above on the 36-lane of the new cancer intersection from the permanent room to the bending plane to the bending plane. On September 23, 2013, the Defendant received the back portion of the victim F’s vehicle (G) which was stopped from the front bank to the front portion of the Defendant’s vehicle.

(2) The damaged vehicle was stopped with the front part of the vehicle at the time, with a view to the spkidmarking side. However, due to the collision of this case, 9.4 meters away from the spkid side, when the damaged vehicle turned back to the front part of the vehicle, 9.4 meters away from the spkid side, and the damaged vehicle turned back to the front part of the vehicle at the time when the damaged vehicle and the damaged vehicle are in the form of opposite to each other (the second spkid side of the Defendant vehicle) and finally stopped on the two-lane.

③ Prior to the instant accident, the damaged vehicle moved into the road by the gular section, the left-hand separation zone (first) and the right-hand separation zone (second), and the center separation zone (third) on the left-hand side were stopped in order. The first-2 collision points.

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