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(영문) 서울북부지방법원 2018.08.23 2018노243
교통사고처리특례법위반(치상)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court erred by misapprehending the legal doctrine, misapprehending the legal doctrine, or failing to examine the facts, as follows.

Notwithstanding the fact that the instant location is an apartment private site, the instant location cannot be deemed as the “report,” the lower court did not determine whether there was a justifiable reason.

Unlike the above, since the defendant's intrusion on the news was inevitable due to external circumstances, it cannot be determined by the "accident" of the news report, and the defendant merely entered the news report in order to prevent large-scale accidents.

The court below decided that the defendant's response (No. 10 No. 5 of the evidence list) against the motor vehicle industrial history without admissibility was based on conviction with the consent of the court below.

The lower court found that the Defendant did not prove that the Defendant was at the time of the instant accident, but did not suffer from a fault due to an aggravated cause, not the grounds for reduction of duty of care, but due to an aggravated cause. However, even if it was not proven that the Defendant did not reduce the speed, the lower court found the Defendant’

The court below did not determine whether there was a causal relationship between the defendant's act and the victim's injury.

The Defendant was difficult to predict that the victim would suffer a big injury due to the non-Contact accident, such as the instant accident.

2) The sentence of the lower court against an unfair defendant in sentencing (the imprisonment without prison labor for six months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Judgment on the grounds for appeal

A. In light of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the Defendant’s factual misunderstanding, misunderstanding of the legal doctrine, and the lower court’s and the lower court’s judgment, the Defendant’s factual misunderstanding, misunderstanding of the legal doctrine, and the hearing failure argument cannot be accepted.

The term "news" means a line of curbstones (such as stones that separate a roadway from a sidewalk).

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