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(영문) 대구지방법원 2018.12.20 2018노1081

과실치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is a white dog (hereinafter “a white dog”) not owned by the Defendant, and there is no fact that a black dog owned by the Defendant (hereinafter “a black dog”) conflict with the back wheels of the previous vehicle (hereinafter “the instant accident”) by a driver driving away from the victim, as stated in the facts of the lower judgment.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence examined by the court below as to the assertion of mistake of facts, it can be acknowledged that the defendant's color opening of the defendant's body conflicts with the victim's bicycle rear wheels, as stated in the facts constituting the crime of the court below, and thereby the victim suffered injury.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

① From the police investigation to the court of the court below, the victim got away from the front side of the vessel, “I am out of the front side of the vessel, I am out of the front side of the vessel, and the front side of the vessel and the front side of the vessel, and the front side of the vessel and the front side of the vessel, were in excess of the center of the vessel.

Since the spirit is string off, 2 marins are prevented, they have fleded to the door where they had string a bicycle again.

“” made a concrete and consistent statement to the effect that it was “.”

② According to CCTV images, it is confirmed that a white dog appears on the left side of the victim, but the fact that the dog is driving away from the victim or collisions with the bicycle is difficult to confirm only the above images on the screen. However, even according to the above images, when the victim escaped again, it is difficult to ascertain the fact that the white dog first runs away from the victim, and then the static body cannot be accurately known, but the object presumed to have stopped at the end of the part of the common part, and the location where the accident occurred prior to the occurrence of the accident in this case.