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(영문) 서울중앙지방법원 2017.10.19 2016노5425
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The defendant does not pay the above fine.

Reasons

The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) is as follows: (a) the Defendant was not driving a bicycle at the time when he was found to have not driven a bicycle; and (b) he was prepared to drive a bicycle on two sides; and (c) he was punished on the bridge bridges as stated in the facts charged.

In the event of the outdoor music meeting, the victim's bicycle riding has shocked the defendant's bicycle rear wheels while the outdoor music meeting is closed, so there is no negligence on the defendant.

Even if the defendant was operating a bicycle at the time,

Even if the above bridge is exclusive for pedestrians, and the width is narrow, there was no choice but to move by the defendant. At the time, the injured person was driving at a rapid speed, rather than by the defendant's bicycle, without securing the safety distance from the bicycle, the injured person was driving at the speed of a book, which is not an exclusive road for bicycles, and there is a possibility that he was driving in the mobile phone call at the time, so the accident is not caused by the negligence of the defendant.

The punishment of the court below (1.5 million won) which is unfair in sentencing is too unreasonable.

The judgment of the court below as to the assertion of mistake of facts and the defendant's defense evidence in the deliberation by the court below and the court below stated to the effect that the accident occurred while the defendant's bicycle was bypass (the trial record 18-19 pages, evidence records 27-28 pages), a request for formal trial, a petition of appeal, a petition of appeal, and a statement of reasons for appeal, that the accident occurred when the defendant was at the time when the defendant was at the time of a public performance by a bicycle

The Defendant’s statement as to whether an accident occurred in the course of bypassing the trial records (the trial records 11, 25 pages, 2 pages of appeal). The Defendant’s statement is inconsistent.

On the other hand, the Defendant, at the police, said that “the Defendant’s bicycle was at the time of the accident going far beyond the boundary of a book and a bridge, so there is negligence on the part of the victim.”

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