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(영문) 대구지방법원 2016.11.17 2016노1273
산지관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The instant accident of occupational negligence did not result from the negligence of changing the vehicle line without examining the front and rear left left of the Defendant, but rather from the two lanes to the one lane, the Defendant already changed the vehicle line, and later, the victim, who was suffering from the said accident, was driving over the vehicle while driving over the sea in violation of the duty of maintaining the safety distance with the vehicle in front.

B. The Defendant of the crime of escape and escape did not escape, since all necessary measures were taken after the instant accident, but did not have the intention of escape.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to occupational negligence, even though the victim was driving Orabab at the time of the instant accident, the Defendant was negligent in neglecting his duty of care to prevent accidents by changing the course from a two-lane to a one-lane, and driving between the victim and the side of the victim. As a result, the victim lost the center and was used on the road, and using the road on the road, and thereby having received the central separation zone as the front part of the Obababa. According to the above recognized facts, it is sufficiently recognized that the Defendant had a duty of care to prevent accidents, even though he neglected to do so.

The defendant's above assertion is without merit.

B. The defendant asserted the above purport in the court below's judgment as to the intent of the defendant's escape and escape, and the court below rejected the above argument in detail. In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is no reason for the defendant's above argument.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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