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(영문) 대구지방법원 2013.07.04 2013노568
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant's vehicle where the victim of misunderstanding of facts was standing the vehicle is faced with one another by himself, and there is no sufficient fact that the defendant had the victim by driving the vehicle.

Defendant

If the driver's vehicle was in the direction of the elderly victim's growth, the victim should suffer the injury, and the victim did not have any other location than the string, and the defendant's vehicle was stated in the court below that the driver's vehicle did not see that the driver's vehicle was in the string, and there is no credibility in the victim's statement.

The judgment of the court below which found the defendant guilty of the facts charged in this case based on a medical certificate with no credibility and the statement of the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The key issue of the instant case is whether the victim was faced with the Defendant’s vehicle. The key issue of the instant case is whether the victim was faced with the Defendant’s vehicle where the victim stops, and whether the Defendant was shocked while driving the vehicle. 2) The victim’s statement and injury ① The victim’s statement and injury in the police and the court of the court of the lower judgment as follows.

[police] The driver's vehicle moved to the victim's right side, leading to the left side of the victim.

[Court of the court of first instance] The Defendant’s driver’s vehicle was parked without any consideration. However, the same is the case where the car knife (Defendant’s driver’s vehicle) knife and knife the victim’s vehicle.

Specifically, the front qui of the Defendant driver's vehicle passed by the above side of the victim's name.

At the time, there was a late time (19:00) but street lights were installed in the accident site, and the victim was only side of the Defendant’s driver’s vehicle.

② On June 4, 2013, the victim, immediately after the instant accident, at F Council members, for about three weeks.

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