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(영문) 부산지방법원 2017.04.21 2016노3362
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment with prison labor for a six-month suspension, 40 hours of community service order, and 40 hours of lecture attendance order for compliance driving) is too unreasonable.

B. In light of the circumstances of the instant accident, prosecutor 1) mispers the fact (as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Judgment), the court below acquitted the victim of this part of the charges, although it is sufficiently recognized that the victim suffered bodily injury due to the tension of the shoulder and neck part, and the victim actually visited the hospital, received medical treatment, and provided medical treatment, etc., by taking account of the fact that the victim actually visited the hospital, but the court below acquitted the victim of this part of the charges, which affected the conclusion of the judgment by misunderstanding the fact.

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The lower court determined as follows: ① in relation to the victim’s assertion of injury, the part where the Defendant and the victim were faced by the Defendant at the time of the instant case and the victim’s vehicle were sponsed by the latter, and the latter sponsed immediately when they were shocked, making it difficult to deliver the shock caused by the contact as they are to the body of the vehicle; ② the victim’s visit the H’s member from February 1, 2016 to March 3 of the same month and did not receive any treatment per week; ② the victim was issued a diagnosis of two weeks of the former spons, and again wanted to the above member for three days after the receipt of the diagnosis of two weeks of the former spons, which is suspected of not intentionally attempted to comply with the contents and the contents of the diagnosis, and H also stated to the effect that “the victim is suspected of not pretending the victim’s injury because he did not go to the hospital after treatment for three days,” and the victim is suspected to visit the police station and actually receive the diagnosis.

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