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(영문) 대법원 2015.05.29 2015도2745
교통사고처리특례법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant B’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake or by misapprehending legal principles as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which caused the victim I to die among the facts charged against Defendant B cannot be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor, in light of the records, the lower court’s judgment reversed the first instance judgment and acquitted the victim J on the grounds that there is no evidence of crime regarding the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which caused bodily injury to Defendant A among the facts charged against Defendant A and the facts charged against Defendant B, on the grounds stated in its reasoning, and there is no error by exceeding the bounds of the principle

On the other hand, the prosecutor submitted a written appeal to the effect that he is dissatisfied with the entire judgment of the court below against Defendant B, but did not submit the grounds for appeal as to the conviction

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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