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(영문) 전주지방법원 2013.05.10 2013노200

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the victim's consistent statement that the rear wheels of the defendant's vehicle misjudgments the defendant's back side of his own left side, the court below found the defendant not guilty of the facts charged in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, but found the defendant guilty of the facts charged.

B. In light of all the sentencing conditions on the sentencing of unfair sentencing, the lower court’s penalty of KRW 2,500,000 (fine 2,500) is too uneased and unreasonable.

2. Determination on the grounds for appeal

A. 1) The lower court’s determination on the assertion of mistake of facts is that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) according to the situation of the accident stated in the court below, it is impossible to reverse only the victim’s left side side of the Defendant’s vehicle with a view to an apartment building of 501 and a cell phone call at the time of the original adjudication; (ii) it is not possible to determine whether the victim was a vehicle wheels at the time of the inspection at the E Hospital on the day of the instant case; (iii) there was no external appearance of the left side; and (iv) the victim damaged important evidence by cleaning his movement at the morning on the day of the instant case; and (v) there was no credibility of the victim’s statement on the left side only after three days after the date of the instant case; and (v) there was no evidence to acknowledge the remainder of the facts charged by the public prosecutor and the victim’s witness on the ground that there was no evidence to acknowledge it as the victim’s remaining part of the facts charged.