교통사고처리특례법위반(치상)
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal did not violate the Defendant’s signal at the time of the instant accident, and the Defendant’s vehicle was subscribed to the comprehensive automobile insurance, and thus, the instant prosecution should be dismissed.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.
2. The evidence duly adopted and examined by the court below and the following circumstances recognized as follows: ① A witness G of the court below who made a statement consistent with the facts charged in the instant case is in an objective and neutral position as witness of the instant case; ② the time interval calculated from the perspective indicated in each image of the black scam which was recorded before and after the instant accident is inconsistent with the above G's statement. However, it is apparent that the above black scam was not in full state at the time of the instant accident, and it is likely to distort from the perspective of view at the time of the instant accident, and thus, it is deemed compatible with the above statement, taking into account the following circumstances: (i) the witness G of the court below who made a statement consistent with the facts charged in the instant case is in a specific and consistent position; and (ii) the time interval calculated from the perspective indicated in each image of the black scam which was recorded before and after the instant accident is in conflict with the above G's statement; and (iii) the Defendant may recognize the facts that the instant traffic accident occurred in violation of the traffic accident signal.
Therefore, the defendant's assertion of facts is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.