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(영문) 서울서부지방법원 2015.04.10 2014노1407

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In relation to the crime of violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.), it is doubtful whether the victims actually committed a car driven by the victims because the number of medical examinations of the victims was two weeks, and even if the victims were dead, there was no intention to inflict an injury on the victims even if the victims were deadly injured, so the judgment of the court below which convicted the Defendant of this part is erroneous.

2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below, the defendant can be found to have inflicted an injury on the victims of a passenger car, which is a dangerous object, as stated in the facts of the crime in the judgment below. Thus, the defendant's above assertion is not accepted.

① The victims stated that at the time of the instant case, the Defendant driven a car and knee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

② The victims submitted a medical certificate of injury on the day of the instant case, and it is difficult to deem that there was no fact that the number of days of medical treatment is relatively shorter than two weeks.

③ The victim E appeared as a witness in the trial, and consistently stated that the Defendant had consistently driven a car to the victims, and the victim E already made an agreement with the Defendant does not seem to have any reason to make a false statement.

④ At the time of the instant case, the Defendant and the victims were punished for dispute over each other at the time of the instant case, but the Defendant, who had been making a defective drinking and a non-exclusive driver’s license to make a report, had the victims go away from a car, and the victims prevented the said vehicle in front and rear the Defendant’s car.

Nevertheless, the defendant runs away from the field.