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(영문) 수원지방법원 2019.07.19 2019노1504
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles on the one-lanes of a passenger car running on an expressway has been unjustly tried to change the two-lanes of a motor vehicle on the side of the SPP car, and the accident of this case occurred when the motor vehicle in question is faced with the cargo vehicle driven by the Defendant. Therefore, the accident of this case is not caused by the Defendant’s breach of duty of care or negligence on duty. 2) The lower court’s sentence of unfair sentencing (six months, suspension of execution, 2 years of community service, 80 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The summary of the facts charged in the instant case is a person engaging in driving freight B 6.5 tons.

On March 6, 2017, the Defendant driven the above vehicle on March 6, 2015, and driven the 378.1km parallel on the border of the four-lane Don in the Dongcheon-ri, Seocheon-ri, at the speed of about 80km from Busan to Seoul.

There is a duty of care to prevent accidents in advance by driving a motor vehicle on the front side and driving safely, as the expressway with a rapid speed of vehicle traffic, the surrounding area is kept at night and the low-water road was milched.

Nevertheless, the defendant is driving along two lanes by negligence while neglecting it.

The driver's seat of the victim C(W, 38 years old) who entered the four-lanes of the right side of the defendant's moving direction was placed in the front part of the cargo vehicle of the defendant.

Ultimately, at around 00:45 on March 6, 2017, the Defendant caused the death of the victim by occupational negligence as seen above, in two alleys at the above site.

B. The lower court’s judgment is as follows.

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