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(영문) 대전지방법원 2014.07.16 2013노3006

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant only moved a vehicle to the extent of 20 to 30cc, and even if there was no fault of the victim by driving the vehicle, the lower court found the Defendant guilty of the facts charged in this case. In so determining, the lower court erred by misapprehending the facts

B. The lower court’s sentence (1.5 million won of a fine) imposed on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the assertion of mistake of facts: (i) the victim F was under the police and the court of the lower court’s jurisdiction, and (ii) the Defendant was living in the driver’s seat while entering the vehicle under the body below, and the Defendant took the left side of the vehicle. Following the accident, the Defendant consistently stated the circumstance of the instant case to the effect that “the Defendant was taking an X-ray photograph to the hospital and received treatment.” (ii) the Defendant was under the police and the court of the lower judgment, and (iii) the victim was under the influence of the body of the Defendant, and was under the influence of the hospital, and was under the influence of the victim. The victim was under the influence of the victim, and was under the influence of the victim, and was under the influence of the victim, and the victim was under the influence of the vehicle, and the victim was under the influence of the victim, and the Defendant did not appear to have been under the influence of the hospital, and the Defendant did not appear to have been under the influence of the hospital.