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(영문) 의정부지방법원 2013.12.13 2013노135
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, although the Defendant fulfilled his duty of care in the course of operating a vehicle, he was guilty of this part of the charges, even though the instant accident occurred due to the excessive negligence by the driver of the Ebbr vehicle, the other party.

B. The penalty (one million won of a fine) declared by the prosecutor by the court below is too uneased and unreasonable.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the defendant in the trial of the court below as to the grounds for appeal by the defendant, namely, ① the defendant was faced with the vehicle of the EPoter, which was entering the road from G, while entering the road, while driving the said vehicle into the road, due to its shock, and each of the above vehicles was considerably damaged due to its shocking into the lux part before driving the said car, and ② if the accident occurred due to the victim’s negligence, the defendant did not take such measures as consultation on compensation for the damaged vehicle, but the defendant would have accepted the vehicle by himself without taking such measures. Rather, at the time of the accident, the defendant, the defendant, at the time of the accident, told the victim to repair the said vehicle in whole, and proposed that the victim would repair the said vehicle from the vehicle of the vehicle of this case through the insurance contract of the victim of the vehicle of this case.

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