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(영문) 광주지방법원 2013.09.25 2013노1292
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant did not violate the signal, the court below erred by misapprehending the fact.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the signal system of the crosssection in front of the Tridong Seo-dong, Samdong-dong, the place of this case changed from green to red, and the direction of the victim's driving changed from red to green, ② the victim is a senior citizen who teaches English in the I Middle School, ② the day of this case was the length of the K high school in J, the day of the case was the day, and was well known of the signal system of the road used every day. ③ The victim entered the intersection of this case, ③ The victim confirmed that the signal was red and sent to green until green, and confirmed that the signal was changed to green, ④ The towing engineer F and G sent to the scene of the accident was sent in violation of the victim's own signal at the time of the accident and caused the victim's injury to the victim.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s vehicle was covered by a comprehensive motor vehicle insurance policy, and the Defendant’s vehicle was more damaged than the damaged vehicle, but it appears that the Defendant’s vehicle did not agree with the victim even if it violated the signal, and that the Defendant’s vehicle did not meet traffic regulations by drinking or unlicensed driving.

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