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(영문) 대구지방법원 2016.05.12 2015노1979
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of the instant traffic accident, was entering the intersection to make a right-hand turn to the right-hand signals at the time of the instant traffic accident, but the victim, at a pedestrian color signal, etc. on the crosswalk installed immediately before the said crossing, opened the crosswalk at a rapid speed of getting on and off the bicycle, and the said traffic accident occurred, which led to the Defendant’s fault, and thus, the instant traffic accident occurred.

subsection (b) of this section.

In addition, the Defendant stopped immediately after the occurrence of the instant traffic accident and looked at the state of the victim, and asked the victim's contact address, etc., but the victim was getting on the bicycle and left the scene first, so the Defendant does not have the intention of escape.

Annoyed injury of a victim may be assessed as an injury, unless it is necessary to treat the victim.

Nevertheless, the court below erred by misapprehending the legal principles as to facts charged.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, protection observation, community service order 160 hours, 40 hours of compliance driving lecture) is too unreasonable.

2. The summary of the facts charged in the instant case is a person who is engaged in driving of C Mazers.

On May 11, 2014, the Defendant proceeded with a pedestrian crossing in front of a site located in the water pan-dong in Daegu Suwon-gu, Daegu-gu, to a four-distance intersection from the dry field frame to the four-distance intersection of the site.

At the same time, there was a bicycle crossinging the crosswalk, so that the driver of the vehicle has a duty of care to check the safety of the course by checking well the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle, to accurately manipulate the steering direction and the system and prevent the accident from

Nevertheless, the defendant neglected to do so and proceeds as it is, on the left side of the defendant's proceeding direction.

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