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(영문) 인천지방법원 2013.06.14 2013노329

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which was acquitted by the court below on the erroneous determination of facts, the court below found the defendant not guilty of this part of the facts charged despite the fact that the defendant sustained bodily injury according to the evidence submitted by the prosecutor.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged as to the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents was as follows: “The Defendant was a person engaged in driving a car in Cro, and the Defendant was driving the said car while under the influence of alcohol of 0.150% on August 11, 2012, according to the influence of alcohol level of 0.150% on August 11, 201, and driving the said car along one-lane in the vicinity of the literature IIC located in 166, Chungcheongnam-gu, Incheon, Seogu, Seonam-gu along the 166-dong-dong-dong-dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong. At that time, there was a point going to go to the Doosan-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong her duty of care to reduce the speed and to look well well at it. Nevertheless, the Defendant suffered an injury to the right side of the Defendant’s vehicle.

B. As to this, according to the statement and diagnosis written by the victim D investigation agency, the court below was diagnosed on the cryp and the crypary coordinate that require the medical treatment for about one week after this accident, and hospitalized in a hospital outside the prison for 4 days, and bryp and brypump.