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(영문) 수원지방법원 2016.06.17 2016노984
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The collision between the defendant's vehicle under a mistake of fact-finding and the victim's fault who entered a four-lane at the left-hand turn, and the accident occurred only when the victim entered the four-lane, and the accident occurred due to the defendant's negligence

Although it is not possible to do so, the judgment of the court below which found the defendant guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk) and has an error of law

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

2. Determination

A. The lower court, based on the evidence duly admitted and examined by the lower court, stated the following circumstances: ① in light of the damaged parts and degree of each vehicle’s damaged by video (Evidence No. 11, 12 pages) of the Defendant’s vehicle and the damaged vehicle’s photographs immediately after the accident, it is difficult to view that the damaged vehicle was shocked; ② the victim stated to the effect that the Defendant was consistently faced with the rear right side of the damaged vehicle due to consistent from the date immediately after the accident to the court of the lower court; ③ the Defendant stated to the investigative agency that “an accident was occurred while driving a vehicle to a substitute driver who does not find the location of the vehicle, and driving the vehicle to go on a large way” (Evidence No. 37 of the evidence record); and in the process of examination of the witness at the second trial of the lower court as the damaged on the date of the second trial, it was consistent to the purport that “an accident, such as the vehicle installed at the edge of the fourth line on the road and returned to the left after the accident after the accident.”

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