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(영문) 인천지방법원 2020.06.05 2018노3502
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (not guilty in the judgment of the court below), among the facts charged in this case, the court below erred by misapprehending the legal principle as to the meaning of the causal relationship with respect to the traffic accident in the central line, or by misapprehending the legal principle as to mistake of facts, although it was possible to recognize the causal relationship between the traffic accident in the case of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (not guilty in the judgment of the court below), the judgment of the court below which acquitted the defendant, even though it was sufficiently recognized that the defendant caused the traffic accident by negligence was found.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. Determination of misunderstanding of facts or misunderstanding of legal principles 1) The summary of this part of the facts charged is that the Defendant is a person engaging in driving a vehicle in C again. The Defendant, around 05:20 on March 1, 2016, was driving a four-lane road in front of the Nam-gu Incheon Metropolitan City, Southern-gu, with the opposite lane. The Defendant, who is engaged in driving service at the place where the yellow-ray center line is installed, had a duty of care to safely walk and operate the yellow-ray at the permissible place of yellow-ray. Nevertheless, without neglecting this, the Defendant neglected to drive the yellow-ray central line and was in line with the victim D (CA 110 U.S. driven at the age of 38) (the front part of CA 110 U.S. which was driven at the age of 38) who was driving with the yellow-ray center.

Ultimately, the Defendant’s saves that require approximately three weeks of treatment to the victim by occupational negligence as above.

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