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(영문) 광주고등법원 2013.09.05 2013노109
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts (Article 1 of the judgment of the original instance). On the day of the instant case, a substitute driver operated the Defendant’s vehicle and installed a vehicle between three lanes and four lanes on the road after having arrived at the road of this case, and the vehicle driven by the victim E while waiting for the Defendant’s wife, caused the instant case by shocking the Defendant’s vehicle backer, and there was no fact that the Defendant driven or driven the vehicle on the day of the instant case, while driving the vehicle on the day of the instant case or driving the vehicle,

The statements by the victims that "the defendant who moved behind the vehicle and driven by the victim E" are not reliable in light of the following circumstances, and it cannot be deemed that the victims suffered bodily injury due to minor traces of the accident on the vehicle.

In addition, the judgment of the court below was based on the prosecutor's investigation report that the video files recorded and stored in the black box installed in the Defendant's vehicle at the time of the instant case, and it was not sufficient to find guilty on the sole basis of the evidence submitted by the prosecutor, but it was erroneous that the court below erred in the violation of the rules of evidence to find guilty on this part of the charges.

① The victims stated that “the Defendant was trying to drive a vehicle at an rapid speed,” but the victims also stated that they passed at a rapid speed, regardless of whether they are white or white. According to the Defendant’s experiment, if a vehicle is driven at night at a speed of 60 km per hour, it can be identified only by the color of the vehicle, and if the vehicle is driven at a speed of 80 km or more per hour, it cannot be seen as having the color or model of the vehicle. Therefore, the victims cannot be seen as having known that the vehicle seen at the time of the instant case is the Defendant’s vehicle.

(2) When the vehicle of the defendant runs along the speed of 80-90km per hour.

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