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(영문) 인천지방법원 2017.09.27 2017노2196
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) is that the instant accident occurred, and the Defendant attempted to turn to the left at a crosswalk, which is a point beyond a size of the intersection, with the intention to turn to the left at the intersection at the time of the instant accident, and thus, does not constitute a central

Nevertheless, the lower court did not dismiss the prosecution of this case and found the Defendant guilty, thereby adversely affecting the conclusion of the judgment.

2. The Defendant also asserted the same purport as the grounds for appeal as to the above part of the judgment below, and the court below rejected this decision.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion of the judgment.

In other words, when a traffic accident is caused by an act of driving a motor vehicle while driving a motor vehicle at the center line of the road, it refers to the case where a traffic accident is directly caused by the occurrence of a traffic accident. If a traffic accident is not the direct cause of the occurrence of a traffic accident, the traffic accident has occurred during the operation of the center line.

However, it is not included in this case (see Supreme Court Decision 94Do1200 delivered on June 28, 1994). In light of the situation of the vehicle of the defendant before and after the accident of this case, the vehicle of this case attempted to turn to the left at the intersection at the time of the accident.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the Defendant’s appeal is without merit. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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