logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.10 2016노1419
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the Defendant’s assertion of mistake, the Defendant: (a) was towing a bicycle from the bicycle; and (b) did not shock the Defendant’s bicycle victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence (one million won penalty) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize the fact that the Defendant, as stated in the facts charged, was negligent in entering the sidewalk and driving the bicycle with the victim’s wheels, who driven the bicycle, thereby causing injury to the victim.

(1) The victim consistently stated from the investigative agency to the court of the court below that “the Defendant’s his hair, etc., on the sidewalk, which the Defendant was riding a bicycle, was shocked with the front qui of the Defendant’s bicycle riding.”

② On July 28, 2015, the date on which the instant accident occurred, the victim received medical treatment after being diagnosed as requiring three-day medical treatment due to the pressure, damage, etc. of the left-hand fingers, which is the date of the instant accident. The victim’s injury level and degree overall accord with the statement of the victim.

③ Even if the victim did not have any conflict with the bicycle driven by the Defendant, there is no circumstance in which the victim makes a false statement as if the accident occurred.

4. The Defendant was unable to avoid the inspection at each place where it is impossible to clearly identify one another by motor vehicle or other things in the application for formal trial.

“The front part of the bicycle was found to have come to the rear of the 12-person parked ahead, and the female tried to stop.

arrow