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(영문) 수원지방법원 2015.05.15 2014노4247
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles may pass along the intersection by a vehicle driven by the defendant due to the same width of the road driven by the defendant (hereinafter “instant vehicle”). In such a case, there is no duty of care to drive a vehicle with one ton of the instant vehicle driven by E (hereinafter “wing vehicle”) by predicting traffic regulations and predicting that it would compromise with his/her own vehicle by entering the intersection with disregarding traffic regulations.

Therefore, although the defendant did not establish a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the judgment of the court below which found the defendant guilty is erroneous.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the instant facts charged was around 14:45, on July 20, 2013, the Defendant driving a Dbee or a car, and proceeded to the intersection of the lines of the meeting, which is located in the Yaeong-gun, Bosung-gun, Bosung-gun, Yanam-gun, at the speed of 20km each hour from the boundary of the Ya-gun market to the seat of the Ya-gun.

It is an intersection where no signal, etc. is installed. In such cases, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by temporarily stopping it before entering the intersection.

Nevertheless, the defendant neglected this and did not discover the FF truck of driving E (the age of 55) which was straight from the right side of the defendant's running in the middle of the Mamadle to the opposite side of the driver's vehicle and the front side of the driver's vehicle of the defendant's driving conflict.

Ultimately, the Defendant’s occupational negligence at the Masan Hospital located in 768, the 15:40 on the same day, where the Victim G(76 years of age) was living in the Defendant’s driver’s car.

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