(영문) 인천지방법원 2019.08.09 2018노3689 | 리걸엔진

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(영문) 인천지방법원 2019.08.09 2018노3689

교통사고처리특례법위반(치상)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In addition, the Defendant did not breach his duty of care as a driver, and the instant accident is deemed to have occurred due to the defect in the installation and maintenance of the crosswalk, not the Defendant’s breach of duty of care.

Nevertheless, the court below found the defendant guilty of the facts charged in this case on the ground that the defendant violated duty of care in the course of business. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below's judgment on the assertion of mistake of facts or misapprehension of legal principles, the defendant is guilty of the charges of this case, considering the following circumstances: (i) the defendant was going through the crosswalk while bypassing the intersection; (ii) the defendant could have sufficiently anticipated that he was a pedestrian to build the crosswalk to the left side from the right side of the meeting direction; (iii) the defendant was in need of a special situation by way of cutting the crosswalk from the right side of the bus to return the door to the road; and (iv) the defendant neglected such duty of care; and (iv) the accident of this case did not find the victim who was moving the crosswalk to the right side of the road; and (v) the accident of this case did not constitute a causal relationship with the above violation of the duty of care that was driven without finding the victim who was going to the pedestrian signal from the right side of the course direction.

Therefore, the defendant's assertion that the court below erred in mistake or misunderstanding legal principles is without merit.

B. We examine the judgment on the assertion of unfair sentencing.

유사 판례

-서울중앙지방법원 2018.02.02 2016가단5177570

-서울서부지방법원 2020.05.28 2020고단498

-제주지방법원 2020.02.14 2019고정452

-서울중앙지방법원 2020.07.22 2020나21205

-제주지방법원 2013.01.25 2012고단1515