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(영문) 인천지방법원 2015.09.02 2015노1298
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Since the victim conflict with the bus in order for the defendant to make a normal round of mistake, there is no fault of the defendant in the occurrence of the accident, and the defendant left the scene without knowing the occurrence of the traffic accident.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be recognized.

(A) Around 13:00 on July 7, 201, the Defendant was driving a village bus (hereinafter “instant bus”), and was temporarily stopped on July 13:0, 201, when driving the instant bus, 124 m3,00,00,00 in the south-gu Incheon Metropolitan City (hereinafter “instant bus”). However, on July 7, 2014, the Defendant started to stop on the right-hand side of the instant crosswalk (hereinafter “instant crosswalk”) on the front of the crosswalk around July 13:01, 201.

(B) At the time, the pedestrian signal, etc. on the instant crosswalk was green lighted, and the Defendant continued the instant bus toward the crosswalk on July 13:01 on July 7, 201, and according to the green signal around 13:01 to 55 seconds, pedestrians, walking walking, attempted to make a right-hand way beyond the middle part of the crosswalk.

(C) On the top of the instant crosswalk, the victim began to walk the front wheelchairs for the disabled, along with green light. On July 7, 2014, the victim entered the instant crosswalk at around 13:01 to 57 seconds (in the absence of the Defendant’s commencement of the right-way and the first to 2 seconds), and conflict with the rear wheels of the instant bus at the vicinity of the crosswalk and the road boundary.

(이하 ‘이 사건 사고’). 피해자는 원심법정에서 ‘버스가 오는 것은 보았는데 횡단보도이니까 설 줄 알았고 저는 제 신호라 건넜습니다’라고 진술하였다.

(D) The bus of this case conflicts with the electric wheelchairs of the bus of this case and the victim.

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