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(영문) 춘천지방법원 강릉지원 2014.04.02 2013노629
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the Defendant of the instant facts charged on the ground that the instant traffic accident occurred due to negligence of entering the intersection in yellow Frank, although the instant traffic accident occurred due to mistake of fact and misapprehension of legal principles prior to left turn turn turn turn turn turn turn turn turn turn, was erroneous or erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court found the Defendant guilty on the ground that there was the Defendant and the defense counsel’s assertion that the instant traffic accident occurred due to the negligence of D as seen above, and that there was no causation between the Defendant’s negligence and the instant accident, and that there was no proximate causal relation between D’s negligence and the Defendant’s negligence on the ground that: (a) the Defendant’s negligence, starting first before the right-hand turn signal was turned down in his own direction and starting from the point where the accident occurred; and (b) the Defendant’s negligence, which was the point where the accident occurred, contributed to the instant traffic accident, was recognized as having contributed to the instant traffic accident; (c) the Defendant’s negligence and the instant traffic accident

Compared with the above fact-finding and judgment of the court below, a thorough examination is conducted, and the defendant's vehicle entered the intersection at a rapid speed until the expiration of yellow signal, and the victim reported the left-hand turn to the left-hand turn, the judgment of the court below which found the defendant guilty of the facts charged in this case is sufficiently acceptable, and there is no illegality affecting the conclusion of the judgment, and the defendant's assertion is without merit.

(b).

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