(영문) 광주지방법원 2018.12.19 2018노3050 | 리걸엔진

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(영문) 광주지방법원 2018.12.19 2018노3050

교통사고처리특례법위반(치상)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who is the owner of B Potete test, was guilty of all the facts charged of this case, although I, the owner of B Potete test, was changed to another place after the accident, and the defendant was absent from driving the said vehicle, and there was no fact that he had driven the vehicle and there was no escape. Thus, the lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which were duly adopted and examined by the lower court in determining the factual misunderstanding, were duly admitted and investigated by the lower court, i.e., the victim D left the vehicle between the driver and the passenger of the B Mete car immediately after the accident by the investigative agency, and the driver went away from the military hospital without any speech.

The statement, 2) The B Mete test owner I am together with the Defendant at the investigative agency and knife the Defendant, but the Defendant did not prevent the Defendant from trying to drive a vehicle with the key of the said vehicle, and called the Defendant. The Defendant was involved in the accident that the Defendant was driving the vehicle without hearing the horses, and immediately after the accident, the Defendant went away without making any speech.

(3) In light of the fact that it is difficult to find out the circumstances to suspect the credibility of the Defendant’s statement from the investigative agency to the court of the court below, the Defendant, without a driver’s license for a motor vehicle, caused a traffic accident to the victims by negligence while driving the motor vehicle without a driver’s license for a motor vehicle and causing injury to the victims, and at the same time, immediately stopping the motor vehicle without taking necessary measures even if the Defendant destroyed the property and escaped, the Defendant’s above assertion by the Defendant is without merit.

B. The degree and degree of injury suffered by the victims of judgment on the unfair argument of sentencing.

유사 판례

-대전지방법원 2013.09.06 2012고단4637

-의정부지방법원 2012.11.15 2012노1629

-광주지방법원 2015.12.17 2015고정1303

-수원지방법원 2014.01.23 2013노4891

-창원지방법원 통영지원 2016.04.22 2015고단1108