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(영문) 창원지방법원 2018.05.31 2018노915
교통사고처리특례법위반(치상)등
Text

The judgment below

The acquittal portion shall be reversed.

The defendant shall be exempted from punishment.

Reasons

1. Scope of the judgment of this court;

A. In a case where there are several orders for the judgment, such as partial conviction and partial acquittal of a case prosecuted at the same time as concurrent crimes, the part included in the one order may be appealed separately from other parts and the part not appealed by both parties becomes final and conclusive. Thus, in a case where only the prosecutor appealed the part not guilty as to the part of concurrent crimes, the part of the judgment of the first instance which acquitted the defendant and the prosecutor did not appeal as to the part not guilty, the part of the judgment of conviction which became final and conclusive as the period for appeal has expired and is pending in the appellate court, and accordingly, the part of the judgment of innocence shall be reversed (see, e.g., Supreme Court Decision 2010Do10985, Nov. 25, 2010). The lower court acquitted the defendant as to the part of the facts charged against the defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Traffic Act (unrelated Measures), Traffic Act (Act No. 10680, Feb. 24, 2010).

2. In the judgment of the court below which acquitted the defendant of this part of the facts charged despite evidence of reinforcement of the defendant's confession, there is an error of law by misunderstanding the legal principles, misunderstanding of facts, or incomplete trial.

3. Determination

A. The Defendant, on August 22, 2017, purchased a mandatory insurance policy at a section of approximately KRW 250 meters from the front side of M, which is located on the window of Changwon-si, Changwon-si to the front side of H, G.

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