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(영문) 춘천지방법원 2018.10.12 2018노314
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since an accident occurred due to a sudden misunderstanding of facts, there was no negligence on the defendant, and the victim D did not have suffered any injury.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant asserts that the occurrence of the accident was negligent by the Defendant, and that the instant accident occurred due to the sudden breakdown of the vehicle, following the driver’s seat in order to see the victims who are going behind the Defendant’s vehicle at the time of the occurrence of the accident.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court of the party, namely, ① the victim D was in the first instance, and the victim D went after the victims, and the driver’s seat was opened and the Defendant was pushed down, but the vehicle was pushed back to the victims later.

was stated in the accident site at the time.

G was also stated for the same purpose in the court below, and ② the above G was placed in the post at the time of confirming the condition of the Defendant’s vehicle immediately after the accident at the investigation agency and the court below.

(3) According to the Defendant’s statement, the Defendant had consistently been driving a considerable distance from the Defendant’s house to the place where the instant accident occurred, and it does not seem to have been any particular fault in driving the vehicle. The Defendant, with the reasons for appeal, was an accident attributable to the following day of the instant accident, in which the Defendant was driving off the vehicle on the following day of the instant accident and went back to the same place, and the vehicle following the Brack was a sudden accident.

It seems that there was no particular error in the vehicle until the accident of this case occurred, and the situation where the accident of this case and the defendant suffered from the following day seems to be due to the sudden dust or malfunction of the vehicle, as alleged by the defendant.

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