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(영문) 인천지방법원 2016.06.15 2016노271
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as a misunderstanding of fact, misunderstanding of the fact, had caused a little trouble with the victim while engaging in a dispute with the victim at the time, it was clearly proven that the victim suffered an injury in the process.

shall not be deemed to exist.

B. The sentence sentenced by the lower court to the Defendant (hereinafter “the penalty”) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts: ① the victim made a consistent statement to the effect that “the victim left the wheels front of the driver’s seat of the motor vehicle driving by the defendant,” as alleged by the defendant, was not stated to the effect that “the defendant left the front of the driver’s seat of the motor vehicle driving by the defendant,” and that the statement was not deemed to have been distorted; ② the victim appears to have his own belief on the left side of the reported report; ② the defendant also recognized the existence of the victim’s own belief (Evidence No. 25 of the evidence record); ③ The victim paid money lent to the defendant by close close to the driver’s seat.

In light of the fact that the defendant set forth in the first instance judgment, without taking measures such as securing the distance with the victim, brought the steering gear back to the right side of the victim's opposite side, and caused the accident of this case, the defendant can sufficiently recognize the fact that the victim was injured by the accident of this case, such as the facts stated in the lower judgment, so this part of the allegation of mistake is rejected.

B. In full view of all the circumstances, including the relationship between the Defendant and the victim, the developments leading up to the instant accident, and the subsequent circumstances, as well as the conditions for the sentencing as indicated in the record and change theory, there is no change in circumstances that may be considered in the sentencing after the judgment of the court below.

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