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(영문) 제주지방법원 2019.11.28 2019노97
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant asserts that, at the time of arrival at a point five meters in front of the crosswalk in which a traffic accident occurred (hereinafter “instant crosswalk”), the truck stoppeded in the front door was moved to the left turn to the left, and the Defendant also brought the victim F to the left turn following the said truck.

However, in light of the victim's statement and the degree of injury of the victim due to the above traffic accident, it is difficult to believe the above assertion by the defendant.

In addition, G, who observed a traffic accident scene, clearly stated that “the green, etc. was on-and-off, at the crosswalk in this case, when seen as having been at the time of the occurrence of the traffic accident” in the investigative agency, was at the time of the traffic accident, and thus, G’s above statement was insufficient to prove the fact of the Defendant’s traffic accident at the time of the occurrence of the traffic accident

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

B. 1) The Defendant shocked the victim who dried the above crosswalk at the front of the instant crosswalk installed in D C at Jeju-si. According to the evidence duly adopted and examined by the lower court and the lower court, according to the signal system, the Defendant’s right-hand crosswalk located on the right-hand side of the Defendant’s vehicle driving direction at the time of the signal system (hereinafter “road-side crosswalk”).

. pedestrians set up in the Act;

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