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(영문) 서울중앙지방법원 2018.10.18 2017노2769
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant, while driving the Oral Ba in the facts charged, proceeded with a view to the educationally East historical distance room from the shooting distance room of the next hospital, and the signal immediately before the instant crosswalk (hereinafter “instant crosswalk”) was continued to enter the said crosswalk in green to be yellow, and did not neglect the report of red signal.

Nevertheless, the judgment of the court below which found the traffic accident of this case to be due to the defendant's violation of the signal signal, and found the defendant guilty of the facts charged of this case is erroneous in the

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged.

A) At the time of the instant case, the Defendant driving the said Otoba and driving the said three-lanes of the roads indicated in the facts charged with the instant traffic accident occurred while the instant traffic accident occurred in conflict with the instant victim’s taxi located in the opposite direction at the point where the instant crosswalk was past.

B) On the instant crosswalk, a pedestrian signal, etc. is installed, and on the above, a red-defluence signal, etc. is installed in both directions.

Defendant

Based on the direction of progress, the distance from the front end of the instant crosswalk to the end of the crosswalk is about 9.7m. The distance from the front end of the crosswalk to the point where the center is to begin, about 45m, and about 30m to the front end of the site where the accident occurred. The location of the accident is between the point where the center separate salary begins and the tree where the center begins.

C) Booms, which were installed at the victim’s taxi at the time of the instant case.

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