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(영문) 서울남부지방법원 2014.07.11 2014노186
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: (a) although the Defendant was erroneous in driving the racing car at a one-lane in which the left turn is allowed on a route bus, the instant accident was caused by the victim C who drives the Ocab by disregarding the stop signal on the opposite lane; (b) there is no proximate causal relation between the Defendant’s mistake and the instant accident; (c) if the Defendant was involved in an accident while driving the route bus and making a left turn, the Defendant was naturally erroneous of the victim and could not be held liable to the Defendant; (d) on the other hand, the Defendant was responsible for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents because the Defendant was driving the racing bus, and there is no duty of care to take measures to prevent the accident by predicting the situation where other vehicles above the Ocababa in the opposite lane are left at the front of the Defendant’s vehicle.

(Principle of trust). (b)

The punishment (fine 7 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances revealed by the court below in light of the evidence and records duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles: (i) the road operated by the defendant was a three-lane road; (ii) the left-hand turn was prohibited as a matter of principle; and (iii) the route bus operated by the defendant was a road where the left-hand turn was allowed only for the route bus exceptionally proceeded, and there was a sign prohibiting the left-hand turn on the part of the ordinary vehicle at night and at the first lane; and (iv) the defendant who driven the rash vehicle was waiting at the first lane for the left-hand turn, even if there was a sign prohibiting the left-hand turn on the part of the ordinary vehicle at night.

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