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(영문) 서울북부지방법원 2014.11.21 2014노941
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not violate the duty of care in the course of driving the instant vehicle from the first lane to the second lane, and instead, the instant truck by D Driving, which was driving the two lanes, did not secure the safety distance between the instant vehicle and the instant vehicle, and caused the instant accident by excessive negligence.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the following circumstances, i.e., the evidence that the court below lawfully adopted and investigated and found it, i.e., the D Driving's instant truck was changed to one lane in order to overtake the previous truck while driving on the two-lanes from the Highway, and returned to the two-lane again. However, the Defendant's vehicle driven behind the instant truck was driven at a sufficient distance from the instant truck to the first lane, and the instant truck was overtakened without the change of the lanes, and immediately passed the instant truck while entering the two-lanes, and even if there was no obstacle to obstructing the progress in the front before the time when the change of the tea was completed, the instant truck was cut by itself, which caused the instant accident, and ii) the Defendant failed to perform the duty of care when the Defendant changed the part of the instant truck, as stated in the facts charged.

B. The circumstances leading to the instant crime of unfair sentencing, the degree of violation of the Defendant’s duty of care, the degree of damage, and the Defendant did not agree with the victim.

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