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(영문) 인천지방법원 2015.05.20 2014노4949

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no erroneous victim G has suffered serious injury due to a traffic accident.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Summary and judgment of the facts charged

A. On April 27, 2010, the Defendant: (a) driven a C24 tons car truck (hereinafter “instant truck”); (b) turned ahead of the instant taxi (hereinafter “instant truck”) on the side of the Bupyeong-gu Incheon metropolitan area into a flat park room; (c) changed the lane from one lane to two lanes; and (d) discovered and immediately driven a FIstynael taxi (hereinafter “instant taxi”) driven on the right side of the instant taxi, which was driven by E, with the right side and the left side of the instant taxi; (c) did not immediately drive the instant taxi; (d) the Defendant suffered from the instant taxi’s disease, such as having pent the front side part of the instant taxi (hereinafter “the instant accident”); and (e) having the victim aboard the instant taxi, who was on board the instant taxi, and had the victim suffer from the pedestrian disability, and the pedestrian disability.

B. (1) Comprehensively taking account of the evidence duly admitted and examined by the lower court in the present state of the instant accident and the victim’s present condition, the Defendant caused the instant accident on April 27, 2010, and the victim began to appeal the symptoms of the instant accident from May 3, 2010, which was five days after the instant accident occurred, and thereafter, it can be acknowledged that the Defendant was hospitalized in several hospitals while asserting the symptoms of the instant accident.

(2) The following facts can be acknowledged in full view of the evidence duly adopted and examined by the lower court and the first instance court that found the existence of causation between the instant accident and the symptoms of the victim.

① The victim filed a lawsuit against the Defendant, a non-life insurance company, seeking the payment of damages arising from the instant accident (Seoul Central District Court 201No. 255838).