(영문) 의정부지방법원 2017.09.13 2017노1773

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(영문) 의정부지방법원 2017.09.13 2017노1773

교통사고처리특례법위반(치상)

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The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. Although the Defendant did not drive a speed exceeding 20 km per hour at the time of the instant accident, the lower court found the Defendant guilty of the instant facts charged, which erred by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment (hereinafter “the allegation of fact”). (B) Even if the Defendant was driving a speed exceeding 20 km per hour.

Even if the accident in this case occurred due to the change of the vehicle of the damaged vehicle (the change of the vehicle of the damaged vehicle), and there is no relation between the fault of the defendant and the occurrence of the accident in this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts, which affected the conclusion of the judgment (hereinafter “the allegation of mistake in fact”). 2.

A. (1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion of misunderstanding of facts is recognized only as driving beyond 20 km per hour as stated in the facts constituting the crime in the judgment below. Thus, the defendant's allegation of misunderstanding of facts ① is without merit.

1) The speed of the road on which the instant accident occurred is 60km per hour, and the speed of the said vehicle immediately before the instant accident is calculated based on the black image of the Defendant driver’s vehicle. The speed of the said vehicle is about 87.17km per hour.

2) The above speed is calculated on the basis of the time when the Defendant’s vehicle immediately before the instant accident passes the said section after determining the distance from the section by selecting the two basic lines of the two locations (on the road that can be objectively confirmed, the vehicle marked on the white line and the speed limitation display). The premise, method of calculation, and prosecution process are supported by logical, empirical, and scientific rules.

3) On the other hand, the speed calculated in accordance with the above method is on the screen indicated on the analysis image.

유사 판례

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