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(영문) 대전지방법원 2016.01.08 2015노668
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged of this case, although the defendant was found to have driven Oral Sea at the time of the accident of this case, is erroneous in the misapprehension of facts.

2. On August 20, 2013, at around 23:14, the Defendant: (a) driven a D Stopy with D Stopy; (b) got left from the direction of the Boan Marine Science High School in front of the Boan Marine Science High School located in the Boan-si Sto-si Stop; (c) the Defendant, at the same time, should accurately operate the steering direction and brake system of the Otoba in front and the driver of the Otoba; (d) the Defendant was negligent in failing to properly operate the steering system of the Otoba; (e) caused damage to the victim (E, 20 years old; and (e) caused damage to the victim’s right-hand side of the road; and (e) caused damage to the victim’s view to less than 7 years old; and (e) the victim suffered damage to the victim’s right-hand side of the road at the same time by causing damage to the victim’s 20-day road due to damage to the front part of the road.

3. The judgment of the court below

A. The gist of the assertion and the key issue of the instant case were the Defendant, not himself, at the time of the instant accident from the investigative agency to the court of the court below.

Since it is argued that the driver of the accident is the defendant, it is the issue of this case.

B.1) Determination 1) “E is a priority victim” in the investigative agency and the court of first instance for the benefit of the Defendant who leased the Oral Ba from the Oral Baba rental store located at the Daecheon Bathing Beach on the date of the accident and returned to him.

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