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(영문) 인천지방법원 2013.06.28 2012노3876
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not delete the center line of the accident site of this case, and there is insufficient evidence to prove that the defendant was driving with the central line, but the court below convicted the defendant by misunderstanding of facts or erroneous understanding of legal principles.

2. The court below rejected the above argument by stating in detail the defendant's assertion and its decision under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below with the same argument as the reasons for appeal of this case. In light of the above judgment of the court below after comparing the above judgment with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion

Therefore, the defendant's above assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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