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(영문) 인천지방법원 2018.11.14 2018노2522
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the misunderstanding of the facts or legal principles, the victim J, L drivers’ respective vehicles did not directly be shocked by the Defendant’s driving vehicle, and there is no circumstance that the said victims received additional treatment other than the written diagnosis issued, etc., the degree of injury suffered by the said victims is extremely minor and not included in the concept of injury under the Criminal Act.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, the lower court’s assertion of misunderstanding of the facts or legal principles comprehensively adopted and examined the evidence, i.e., ① the scene photographs of the instant accident, vehicle photographs related to the instant accident, estimates of damaged vehicles (in the case of victims J, total repair cost of KRW 2,537,755, and total repair cost of KRW 858,727 in the case of victims L), it appears that the shock level at the time of the accident would not have been small. ② The victim J was diagnosed as having been in need of approximately two weeks of treatment due to the crypte and tension, c) (the victim J was in need of diagnosis in light of the victim’s diagnosis statement on March 2, 2018, stating that there was no need to inquire into the victim of the instant accident, and that the victim was within 31 weeks of diagnosis and treatment of the victim (the victim, who was within 35% of the date following the instant accident).

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