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(영문) 서울중앙지방법원 2016.06.16 2016노1195
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one year and three months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The main cause of the instant accident is not the driving of the Defendant’s stroke, but due to the sudden breakdown of the Defendant’s taxi.

B. The punishment sentenced by the lower court (one year and three months of imprisonment without prison labor) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant’s taxi was the owner of the vehicle immediately preceding the accident, from September 24, 2015 to September 11:33, 2015, that the driving speed of the taxi between September 24, 2015 to 67km, and RPM was increased from 1154 to 4317 (see the result of appraisal on the digital records of the Defendant’s digital records of the operation of the taxi prepared by the Director of the National Institute of Scientific Investigation) is recognized.

However, according to the above evidence, the fact that the buck signal of the defendant's taxi between around 11:3 on September 24, 2015 and around 11:34 is confirmed to be 0 (see the above appraisal result). As above, prior to the rapid increase of the speed of the defendant's taxi, the defendant can be found to have been driving on the buck (the defendant was driving on the buckbucks before the occurrence of the accident). In light of this fact, the accident in this case appears to have occurred due to negligence by finding the vehicle in the front and the steering system late after the vehicle in the waiting signal at the front and the operation of the steering system was delayed. The above facts alone are insufficient to recognize that the accident in this case was caused by the rapid acceleration due to the defect of the vehicle, not by the defendant's driver's negligence (the defendant's negligence and the victim's death are not recognized as being caused by any other cause).

B. The driving of a stroke to determine the unfair argument of sentencing, and thereby, the steering devices and brakes.

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