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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding ① At the time of the occurrence of the instant traffic accident, it was very difficult to keep street etc. around the accident site at night because the street, etc. was not installed. ② The place of the accident is the front road of a house and the left-hand turn is limited to 3.9 meters from the sidewalk to the parking vehicle of another person. ③ The victim was at the right-hand turn in the direction of the defendant. ③ The victim was driving the place of the accident at a speed of 40 km speed, ④ the Defendant was driving at the speed of 15 to 20 km per hour at the speed of the accident, ④ all of the head, galgs, etc. necessary for the night driving, and the Defendant performed his duty of care as a driving worker by reducing speed at the time of the accident, and the Defendant fulfilled his duty of care as a driving worker, so the lower court erred by misapprehending the facts of this case, thereby finding the Defendant guilty of the charges of this case.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (five million won of a fine) is too unreasonable.
2. Determination
A. Even though the defendant did not have the duty of care to drive a vehicle in advance and prepare for it when driving the vehicle, if the defendant did not have the duty of care to drive the vehicle, if he could have discovered the victim who would have been under way on the road if he had performed the duty of care for driving normally required by the driver, the defendant is negligent on duty of care if he could not find it in advance because he could have discovered the victim in advance and could have avoided it.
(See Supreme Court Decisions 91Do840 delivered on May 28, 1991, 2001; 2001Do505 delivered on December 11, 2001, etc.). According to the evidence duly adopted and examined by the lower court and the first instance court, the instant accident occurred at night as around 22:55 at the time of the instant accident, and the point of the instant accident came back from the right turn to the right from the twocheon Middle Schools on the side of the Orldong Park at the front of the sub-committee and the right turn to the right.