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(영문) 춘천지방법원 2015.11.04 2014노423

교통사고처리특례법위반

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal (the factual error) did not drive the Defendant at the time of the instant accident, and the Defendant’s wife was driving.

2. Determination

A. The Defendant is a person who is engaged in driving a car of C Lastren.

On January 16, 2009, the Defendant driven the said car without obtaining a driver's license of the said car, and led to the passage of the road front of the Round-ri, which is located in the Round-ri at the time of the original week, from the right side to the door-proof side.

Since it was difficult to melt the length of snow, a person engaged in driving service has a duty of care to live well the boom, and to accurately operate the steering and brake system.

Nevertheless, the Defendant neglected this and operated the said car as it is, and caused the car to be turned off from the above iceway, which was installed on the side facing the central line, to be the front part of the car.

The Defendant suffered injury to the victim D (the age of 19) who was on board the said car due to the above occupational negligence, such as cerebral finite in which there was no head open room for treatment for about two weeks.

B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.

C. The prosecutor bears the burden of proving the facts charged in the criminal trial of the trial for the trial of the party, and the finding of guilt must be based on the evidence of probative value, which makes the judge not having any reasonable doubt as to whether the facts charged are true, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2010Do9633 Decided November 11, 201), which is recognized based on the evidence duly adopted and examined by the court below and the trial court.