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(영문) 광주지방법원 2017.12.20 2017노1798
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The instant accident, misunderstanding of the legal principles, was occurred while the victim was crossing without permission. At night, the Defendant was running at a limited speed, and the location of the instant accident was set up in front and rear, and the Defendant, as the road of the eight-way bicycle line, from which each crosswalk is installed in front and rear, could not cross beyond the center line without permission from the opposite part.

The court below convicted the defendant of the facts charged in this case, although there was no negligence in the course of duty due to the trust of the defendant, although the defendant was in a currency while driving, this does not have a relation to the occurrence of the accident in this case, and the victim was involved in medical care at the Joseon University Hospital after the occurrence of the accident and died of the wind that the situation becomes worse rapidly. Thus, the victim cannot be recognized as having a substantial relation between the accident in this case and the death of the victim. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The summary of the facts charged in the instant case is a person engaged in driving a Radon car.

On September 13, 2015, the Defendant driven the above car at around 22:10, and driven the F Mart in Nam-gu, Nam-gu, Gwangju along three-lanes from the Gu Dae-dong High School to the white intersection.

At night, in such a case, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected to perform his/her duties such as a mobile phone call, and proceeds from his/her own fault, which is the right side from the left side of the proceeding direction.

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