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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The point of the instant accident, where the Defendant was in a usual and frequent operation, appears to have been well aware of the road condition at the point of the accident, and was able to see either less than the side after the accident, or less than the other side at the time of the accident.
In light of the fact that the defendant stated, even though he did not know the occurrence of the accident of this case and did not take any measure, the court below found the defendant not guilty of this part of the facts charged for this reason. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Improper sentencing (defendants) sentenced by the lower court (eight months without prison labor) is too unreasonable.
2. Determination
A. Examining the evidence of this case as to the prosecutor’s assertion of mistake in fact in detail in light of the records, the lower court, on the grounds indicated in its reasoning, proved without any reasonable doubt that the Defendant was aware of the fact that the victim was killed due to the instant accident at the time of the instant accident.
It is difficult to see
In light of the above, the defendant's action not guilty of this part of the facts charged is justified, and there is no error of misconception of facts as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
B. It is recognized that the defendant's judgment on the defendant's unfair argument of sentencing is divided into his mistake, there is no record of punishment for the same kind of crime, the vehicle covered by the automobile comprehensive insurance, and the victim's bereaved family members have been paid KRW 35 million in the original judgment and agreed to do so.
However, the crime of this case was committed by the defendant's mistake bypassing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and the right