(영문) 울산지방법원 2018.10.12 2018노773 | 리걸엔진

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(영문) 울산지방법원 2018.10.12 2018노773

교통사고처리특례법위반(치상)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not commit a central line immediately subsequent to the instant accident, but did not exceed the speed limit, and thus, breached a duty of care.

It can not be seen, even if not, the defendant's act constitutes an emergency escape.

Although there is no room to harm the Defendant’s assertion that the lower court, without changing the indictment, found the Defendant guilty of facts inconsistent with the facts charged, thereby infringing the Defendant’s right to defense, the lower court merely convicted of the facts charged, and thus, the Defendant’s assertion is without merit.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the instant charges on the grounds that the location of the instant accident, which occurred to the Do governor, clearly indicated the center line as a bicycle exclusive road, and the Defendant did not give any signal to the victim to overtake the bicycle at the time of the instant accident, such as giving a warning, going beyond the center line, and there was an access to the left side of the location where the instant accident occurred, and there was an access to the camping site at the point where the instant accident occurred, and the Defendant shocked the victim who was trying to turn to the left to the left at the scene of the said camping and suffered injury by the victim.

2) In addition to the above circumstances cited by the lower court, the following circumstances recognized by the evidence of this case, namely, the victim of the crime committed by the victim, who was the victim of the crime, who was the victim of the crime committed the center line between the investigative agency and the fact that the victim would normally drive the bicycle-only road and turn to the left while driving in the camping place.

유사 판례

-울산지방법원 2018.08.01 2018고정327

-서울남부지방법원 2017.03.23 2016노1058

-부산지방법원 2017.11.03 2017노2940

-부산지방법원 2018.02.23 2017노3790

-창원지방법원 2018.01.11 2017노3092