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(영문) 수원지방법원 2015.09.04 2015노2192
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the event that the place of a misunderstanding of facts was one of the five lanes, and the bus stops on the two lanes, the Defendant could not at all expect the victims to cross the bus without permission. As such, the Defendant is not guilty of occupational negligence under the Act on Special Cases Concerning the Settlement of Traffic Accidents. However, the lower court’s conviction against the Defendant is erroneous in misunderstanding of facts. 2) The lower court’s punishment (fine 1,000,000) is too unreasonable.

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

2. We first examine the Defendant’s assertion of mistake of facts.

In full view of the evidence duly admitted and examined by the court below, the following circumstances are as follows: ① the site of this case is a road with a five-lane wide; ③ the vehicle of this case driven by the defendant at the time of the accident (hereinafter “the vehicle of this case”) is proceeding one-lane among the above roads; ② the vehicle of this case waiting on the crosswalk stop line on the two-lane, which is the right side of the vehicle of this case, and the three-lane bus of this case, and the vehicle of this case were stopped. ② D and E start crossing without permission from the delivery on the right side of the vehicle of this case to a place other than the crosswalk; ② the vehicle of this case stopped on the two-lane road of this case without considering the first and the second narrow gap of the bus of this case; ③ the vehicle of this case was driven on the road of this case; ③ the vehicle of this case, the vehicle of this case, which was driven by the pedestrian at the time of the accident of this case, became more than 10 meters away to the new crosswalk at the time of the accident of this case.

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