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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.10.20 2015노3361
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

Summary of Grounds for Appeal

The judgment of the court below convicting the defendant of each of the facts charged in this case is erroneous in the misapprehension of legal principles as follows, which affected the conclusion of the judgment.

With regard to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the traffic accident in this case occurred by the injured party's overwork by overworking the central line, and the cargo vehicle operated by the accused at that time has already been entered into the opposite line.

Therefore, the instant traffic accident was not caused by the Defendant’s fault.

In relation to the violation of the Guarantee of Automobile Accident Compensation Act, the Defendant is not the holder of the instant cargo vehicle.

Judgment

With respect to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the court below adopted and examined the following circumstances, i.e., the victim F, as a substitute at the investigative agency and the court of the court below, consistently with the following circumstances: “The victim F was driving a road front of the station E in the time of the instant accident, but the Defendant’s cargo francing from the station to the road at the station A. It was rapidly bracing brake and avoiding the freight flacing on the right side, but the Defendant tried to avoid the freight flacing on the right side, but eventually flacing off the freight flacing off.” This victim’s statement is consistent with the contents to the extent that it is impossible to make a statement unless the victim did not directly experience, and there seems to be a natural circumstance that might lead to a false statement, and thus, it is consistent with the victim’s statement and the on-site investigation conducted by G police officers at the scene of the instant accident, while the Defendant made a false statement at the instant parking lot after the instant accident.

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