교통사고처리특례법위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. On the other hand, the Defendant was not negligent since the instant traffic accident occurred mainly by the other party’s negligence.
In addition, it is not recognized that the victims' injury is not only a minor injury but also an injury caused by the traffic accident in this case.
Therefore, the charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents is not guilty.
B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s lawful investigation and the evidence duly admitted, the Defendant caused the instant traffic accident by negligence, and the victims suffered each injury due to the instant traffic accident can be fully admitted to the facts constituting the crime of the lower judgment’s judgment that the victims suffered each injury.
Therefore, the defendant's assertion of facts is without merit.
① The Defendant, while driving a vehicle at a speed of about 190 km per hour on a road at a speed of 100 km, caused an accident in which the Defendant, while changing the vehicle from the two lanes to the one lane, was in the front of the Defendant, who changed the vehicle from the two lanes to the one lane, (the driver of the damaged vehicle, while driving the vehicle at a speed of about 190 km per hour, had the instant traffic accident occurred while driving the vehicle at a speed of about 50 km after the change of the vehicle.
(2) At the time of the occurrence of the instant traffic accident, the Defendant was under driving under the influence of alcohol (Article 25 of the Evidence Statement (Evidence Statement No. 25 pages). The Defendant stated that the Defendant was under the influence of alcohol at the time of the instant traffic accident (Evidence No. 13 pages).
(3) The victim E and F contacted the police officer on the date of the occurrence of the instant traffic accident (Evidence No. 27 pages), and the victims need to receive approximately four weeks of medical treatment.