교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that even if the defendant led to the confession of the facts charged from the police investigation stage to the first trial day from the police investigation stage, and based on the statement at court of the court below held by the victim E and the report of the occurrence of traffic accidents, the defendant can sufficiently recognize the fact that the defendant caused the instant accident that shocks the victim's vehicle by negligence beyond the center line, but the charges were not proven on the ground that the defendant reversed his position
In light of the above, the judgment of the court below was pronounced not guilty, and there was an error of mistake in fact.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, it is difficult to recognize that the instant facts charged by the Defendant, which caused the Defendant’s shock of the victim’s vehicle by neglecting the central line, was proven to the extent that there is no reasonable doubt.
1) As evidence as shown in the facts charged in the instant case, there are statements made in the victim E and in the court of the court below, the police statements made by the defendant, and statements made at the first trial date in the court below, reports on the occurrence of traffic accidents, traffic accident reports (on-site investigation) and field photographs.
In that sense, the part concerning the cause of the accident, among the contents of the traffic accident report and the traffic accident report (on-site investigation report), is only based on the statement of the victim or the accused after the occurrence of the accident. As such, the evidence of direct and substantial value of evidence of the defendant's fault exists immediately after the accident.
2) As to the circumstances in which the Defendant recognized his negligence at the scene of the accident and at the time of the police investigation, the Defendant considered that the accident occurred once at the scene of the accident, and that there was no error in the accident, and thus, the Central Line Intrusion accident is a serious problem.