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(영문) 서울서부지방법원 2017.07.20 2017노458
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant accident is not caused by the fault of the Defendant, which was caused by the fault of the victim, who dried the crosswalk, and changed the direction of the proceeding without properly examining the surrounding areas.

Therefore, the judgment of the court below which found the defendant guilty is erroneous by mistake.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. As to the assertion of factual misunderstanding, Article 27(1) of the Road Traffic Act provides that “All drivers of vehicles shall temporarily stop in front of the crosswalk (at the place where a stop line is installed, referring to the stop line) so as not to obstruct the crossing of pedestrians or endanger them when pedestrians are passing along the crosswalk.”

According to the evidence duly adopted and examined by the court below, although the victim is crossing the crosswalk and the defendant is required to stop at the stop line, the defendant is found to have sufficient facts by driving a bicycle without securing sufficient safety distance with the victim.

In the above facts, even if there was negligence on the part of the victim during the crossing.

Even if the defendant neglected his duty of care and caused the accident of this case by negligence while driving a bicycle, it is reasonable to view that the defendant caused the accident of this case.

Therefore, this part of the defendant's assertion is rejected.

B. As to the wrongful argument of sentencing, there is no record of committing the same offense against the defendant, and there is a circumstance that is difficult for the defendant

Even if the defendant's negligence, the degree of injury of the victim, the fact that the victim has not been supported by recovery of damage, and other various conditions of sentencing as shown in the records and arguments, such as the defendant's age, environment, and circumstances after the crime, the punishment imposed by the court below is heavy.

subsection (b) of this section.

Therefore, the defendant-appellant.

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