(영문) 대구지방법원 2020.01.16 2019노1603 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2020.01.16 2019노1603

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of fact (as to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) was found to have driven while under the influence of alcohol by a defendant. However, the defendant did not change the lane from the two lanes to the one, and the victim was driven while the defendant was driving in order to stop while maintaining a two lane, so the traffic accident in this case occurred not by the defendant but by the negligence of the victim.

B. The lower court’s sentencing (one year of imprisonment with labor for six months) is too unreasonable.

2. Determination

A. According to the evidence examined by the lower court and the first instance court, the following facts can be acknowledged. (A) The victim, while entering the second to the second to the second to the first to the second to the second to the second to the second, stated that the Defendant’s automobile was caused by the instant traffic accident while entering the second to the second to the second to the second.

B) The JM5 Motor Vehicle operated by the Defendant due to the instant traffic accident (hereinafter “Cward” of the lower judgment is a clerical error in the JM5’s “JM5”).

(2) In full view of the victim’s ozone part of the left side of the vehicle and the left side of the container (Evidence No. 33,34 pages) and the victim’s auto contact part, direction, and damaged condition, etc., as stated in the facts constituting the crime of the lower judgment, it can be recognized that the traffic accident of this case occurred by having the victim get the victim to have the left side of the Defendant’s vehicle, by altering the lane as it is, without finding that the victim’s negligence driven in the same direction as the Defendant driven while under the influence of alcohol, while changing from the two lanes to the one lane, as stated in the facts constituting the crime of the lower judgment.

The defendant's assertion of mistake is without merit.

B. The Defendant has no record of being punished, and the Defendant’s automobile is covered by comprehensive insurance.

참조조문

-교통사고처리 특례법

유사 판례

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-광주지방법원 2016.12.22 2016고단4202