beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the instant accident was caused by the mistake that the victim led to the mistake that the victim, while at a rapid speed without reducing the speed at the intersection, tried to pass through the combined point as is. As such, the victim, while maintaining the tea, did not have a duty to anticipate that the victim would act in violation of the traffic regulations and to take preventive measures against the occurrence of the instant accident, and thus, cannot be held liable to the Defendant for criminal liability for the instant accident.
Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles that found the defendant guilty.
B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the case where the accident of this case occurred is facing a 3-lane crossing of the bicycle lane north-gu, Ulsan-gu, Ulsan-do, and the defendant was proceeding directly from the educationally dong-do to the defensive slope, and the victim suffered an accident of collision between the bicycle driven by the defendant and the bicycle driven by the victim and the bicycle driven by the victim at approximately 6∑ and 3∑. At the time of the accident, it is difficult for the victim to eliminate the possibility that the central line immediately before the accident occurred at the time of the accident at the time of the accident at the time of the accident at the time of the road traffic accident analysis, and it is probable that there was a collision between the two near the central line, even though the collision cannot be presumed specifically at the time of the accident at the time of the accident at the time of the road traffic accident analysis.
However, the following circumstances recognized by the above evidence, i.e., (i) the accident site of this case, is a place where the view was not sufficiently secured due to the increase in the number of times at all times at the lower end, and (ii) a distance at the three-way intersection.