(영문) 제주지방법원 2014.11.20 2014노161 | 리걸엔진

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(영문) 제주지방법원 2014.11.20 2014노161

교통사고처리특례법위반

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The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. It is difficult to view that the Defendant, as the driver of the above vehicle, has a duty of care to take measures to prevent the occurrence of an accident, solely on the ground that the victim gets a bicycle on the bicycle lane, which is divided by mistake of facts or misapprehension of legal principles, is anticipated to lose the center of the bicycle and go beyond the vehicular road.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by mistake or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence on June) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. On September 4, 2013, the Defendant: (a) driven a truck of C 4.5 tons at C 4.5 tons on September 4, 2013; and (b) proceeded with a two-lane road that is located in the main factory of the Seopo-si, Seopo-gu, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

There is a straight line on clean weather, and the victim D (the 43 years of age) and E, who are working along the bicycle lane installed on the right side of the front side, are boarding and driving a bicycle. In such a case, there is a duty of care to reduce the speed to those engaged in driving a motor vehicle and to prevent accidents by driving the motor vehicle safely by checking the front side well.

Nevertheless, while the Defendant neglected this and proceeded as is without viewing the situation where the victim and E are driving a bicycle on the right side of the bend and without reducing speed, due to negligence by finding the victim who was at the center on the right side of the bend and going on the road to the right side of the bicycle late, the Defendant did not avoid the victim who was set up on the left side of the above cargo Hand, but was installed on the right side of the above cargo Hand, and caused the victim to shock the head part of the victim, and caused the victim to the same year.

9.5. At 00:04 Seopopo-si, westpo-si.

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