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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts does not constitute occupational negligence in the instant traffic accident. Rather, while driving the instant Otoba while driving the instant Otoba without using headlights, the taxi already driven by the Defendant in violation of the signal and driving the instant Otoba, and the instant traffic accident occurred due to the shocking side of the taxi left side of the taxi. Therefore, the judgment of the court below which found the Defendant guilty on the ground that the Defendant cannot be established a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, there was an error of misunderstanding of facts in the misapprehension of legal principles, and the Defendant’s taxi was admitted to the Financial Cooperative, and thus, the prosecution of this case should be dismissed on the ground that the indictment procedure is invalid in violation of the provisions of the Act, and thus, the judgment of the court below which found the Defendant guilty is erroneous in the misapprehension of legal principles.
3) The lower court’s sentence of unreasonable sentencing (the two years of suspended execution in October, the community service order of 200 hours and the lecture order of 80 hours in 10 hours are too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination:
A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant and his defense counsel argued the above mistake of facts and misapprehension of legal principles in the original trial. In full view of the evidence adopted and examined, the lower court: (a) the taxi driven by the Defendant (hereinafter “instant taxi”) was rapidly changed from the three-lanes to one-lanes in the intersection, and (b) the rapid change of the vehicle line is going beyond the center line in the section where the Defendant’s U.S. is not allowed.