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(영문) 대전지방법원 2015.09.10 2015노267
교통사고처리특례법위반
Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The accident of mistake of facts in this case occurred because the victim did not operate direction direction, etc. but entered the lane of the defendant's proceeding. Thus, the defendant did not have any possibility to avoid the accident of this case. Thus, there is no causation between the defendant's negligence and the traffic accident of this case.

B. The court below’s sentence of unfair sentencing (the fine of KRW 7,00,000) is too unreasonable.

2. Determination

A. On May 4, 2014, the following circumstances acknowledged by evidence duly adopted and examined by the lower court regarding the assertion of mistake, namely, ① on May 11:4, 2014, immediately before the instant accident, the Defendant’s vehicle’s video standard (Evidence No. 7 pages) on the front side of the front intersection in the luminous asbestos acquisition design at the time of scambling, the victim’s vehicle was operated in the front intersection (Evidence No. 77, the trial record No. 47), ② the Defendant’s vehicle was 1:43:33, the vehicle was 1:5 km at the time of the instant accident, and the Defendant’s vehicle was 1:5 km at the time of the instant accident and 1:33:00, the Defendant’s vehicle was 1:00 the upper end of the road traffic accident at the center of the scambling Police at the time of the change of the victim’s scam.

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