logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.25 2017노2245
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the victim argued that the defendant, who had been running a bicycle at the time, was protruding a bicycle on his own bicycle road, was not faced with the victim and the bicycle was not faced, even if the victim and the bicycle were faced.

Even if the accident occurred, the defendant did not err.

Nevertheless, the judgment of the court below which judged otherwise and found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence (1.5 million won penalty) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below as to the assertion of mistake of facts and the following circumstances recognized by the court below, namely, the victim, who attempted to get off the stairs and get a bicycle lane (4.8 meters wide) to neighboring delivery (2.1 meters wide), appears to have suffered the injury of this case due to the defendant's fault and stairs, who violated the duty to drive the bicycle safely by reducing the speed in advance at a place where pedestrians can get out of the stairs at any time, such as the place of the accident of this case, and by accurately manipulating the steering direction and brakes, and by accurately manipulatinging the steering and brakes in a way that the defendant violated the duty to drive the bicycle safely, and the victim's fault and stairs who did not actively look at whether the bicycle going around the bicycle road and there seems to have occurred the accident of this case, can be acknowledged in full view of the facts that the defendant caused the injury to the victim due to occupational negligence, such as the charge of this case.

Therefore, the defendant's assertion of facts is without merit.

B. After the judgment of the court below on the unfair argument of sentencing, there is no change of circumstances that can be considered in the sentencing, and considering the various conditions of sentencing as shown in the records and arguments of this case, the defendant.

arrow