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(영문) 부산지방법원 2015.12.10 2015노650
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the gist of the grounds for appeal asserted that the Defendant had a parking problem between the victim at the time of the instant case, the lower court erred by misapprehending the fact that the lower court convicted the Defendant, even though the Defendant did not have inflicted an assault on the victim, or the wheels prior to the left side of the vehicle driven by the Defendant, and did not incur an injury to the victim, thereby adversely affecting the judgment.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment as to the grounds for appeal and the evidence duly admitted and examined by the first instance court, the following facts can be acknowledged: (a) the Defendant assaulted the victim as stated in its holding; and (b) the Defendant took the victim’s left side with the wheels prior to the left side of the vehicle driven by him/her, and the victim suffered an injury requiring approximately two weeks of medical treatment.

Therefore, the defendant's assertion is without merit.

① The victim stated in the investigative agency that “the defendant was frighting around the left part of the hand floor, and the defendant was driving the vehicle on the ground that it was not located at the parking lot.” (Evidence 26 pages) The victim stated that “the defendant was frighting to the face, and the defendant was frighting to the front of the driver’s seat while driving the vehicle.” The victim stated that “The defendant was fright to the front of the driver’s seat, and the defendant was frighting to the front of the driver’s seat.” The victim’s statement was consistent and concrete, and this was stated in the investigation report as follows: “The victim was frighted to the defendant once sealed the part with the hand floor and was frighting to the front of the driver’s seat.” (Evidence 211Do1111).

(2) In the investigation report on the DNA who observed the instant case at the time, “the N at the time of the investigation shall operate the vehicle.”

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