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(영문) 인천지방법원 2019.06.14 2019노349
교통사고처리특례법위반(치사)
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. Defendant 1) In the event that there was no occupational negligence on the part of the Defendant due to an accident of force majeure in which the Defendant was trying to avoid a sudden change in the vehicle vehicle direction in the direction of the Defendant’s vehicle operation, Defendant 1 found the Defendant guilty of the instant facts charged, the lower court erred by misapprehending the legal principles on the charges of this case. 2) The sentence of the lower court sentenced by unreasonable sentencing (hereinafter “fine 12 million won”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The gist of the facts charged is that the Defendant is a person engaging in driving a Frash car.

On February 6, 2018, at around 16:45, the Defendant driven the said car on the front of the “E” road located in Seo-gu Incheon Metropolitan City, and continued to run along three lanes from the dry Triline to the dry Road. At the time, A, while driving a rocketing taxi in accordance with the same direction, while driving the car in one lane in the same direction, A did not turn on the direction, etc. in advance, in order to take the victim G (68 years of age) who was at the end of the reported at the end of the course, but changed the lane rapidly from one lane to three lanes.

Since there are two roads divided from the sidewalk and the roadway, the defendant observed that there is a victim at the end of the right side of the road, there was a duty of care to prevent accidents due to the driver of the motor vehicle, who is engaged in driving the motor vehicle, operating the steering gear and brakes properly, driving the motor vehicle along the roadway and not harming the sidewalk.

Nevertheless, in order to avoid the rapid change of taxi lanes driven by A, the Defendant operated the steering gear excessively to the right-hand side, and caused the sidewalk to go out of the roadway, and caused the victim to go out of the roadway, and made the victim use the steering gear on the floor.

Ultimately, the Defendant had a victim by occupational negligence as above, Incheon around 00:05, Feb. 14, 2018.

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