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(영문) 광주지방법원 2015.05.12 2014노1772
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were at all aware of whether a crosswalk is installed at the site of the instant accident, and the Defendant was faced with the victim who entered the crosswalk by prior vehicles. As such, the Defendant cannot be said to be at fault on the part of the Defendant.

B. The lower court’s sentence of unreasonable sentencing (fine 3.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the defendant can be acknowledged by the evidence legitimately adopted by the court below, i.e., ① the green signal, etc. at the court of the court below only in the intersection under the idea of having to go through the flow of the vehicle. At almost all times, the defendant appears to have a crosswalk before the court of the court of the court below. It does not seem that there are any conditions to stop the crosswalk. A truck is not visible, and there are few people at all at the time of the stop line, and the stop of the crosswalk would seem to run." The defendant was aware that there was a crosswalk before entering the crosswalk, ② the defendant was driving in one lane among three lanes and the two lanes and the three lanes. ③ If the defendant was found to have not been negligent in finding the victim in advance, the defendant was negligent in entering the crosswalk, in view of the fact that the defendant could not have been aware that the person was at the one-lane and the three-lane.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

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