(영문) 의정부지방법원 2017.08.23 2017노762

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(영문) 의정부지방법원 2017.08.23 2017노762

도로교통법위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The defendant misunderstanding the fact is merely a simple reduction of speed on the front side of the victim's vehicle, and was an urgent operation;

Although it is difficult to see the facts charged in this case, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of facts

The driver of any motor vehicle shall be prohibited from changing course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route, and shall not make any sudden braking, such as making a sudden stop of the motor vehicle or reducing speed, unless he/she intends to change his/her route and it is necessary to prevent any danger and other unavoidable circumstances.

Nevertheless, the Defendant, at around 07:45 on April 29, 2016, driven the above vehicle on the road in front of the Alley Underground Road Tunnels, which is located in the Dong-dong, and proceeded to the two-lane in the direction of the IC in the direction of the IC in the area of the IC. However, the Defendant did not follow the direction of the victim E(43) driving in front of the left side of the Defendant’s vehicle on the ground that the FSP car of the victim E(43) driving is driven at a low speed, and operated the bS by changing the vehicle to the first lane in front of the victim’s vehicle, and continued to drive the bS on one occasion in front of the victim’s vehicle in the above tunnel, and continued to drive the bS system once again with the victim’s vehicle in front of the bS.

As a result, the defendant continued to commit an act of violation of prohibition of career change and an act of emergency restriction, thereby threatening the victim.

2) The lower court found the Defendant guilty of the instant charges based on the evidence duly adopted and examined by the lower court.

유사 판례

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-수원지방법원 2018.10.26 2018고정486