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(영문) 대구지방법원 2017.07.13 2016노5530
교통사고처리특례법위반(치상)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and eight months.

300,000 won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the first instance court, Defendant 1’s misunderstanding of the facts, since the Defendant merely contacted with the damaged vehicle and did not cause any damage therefrom, the part concerning the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the violation of Road Traffic Act among the facts charged in the instant case should be acquitted.

2) Each sentence sentenced by the lower court (the first instance judgment: imprisonment with prison labor for April, and the second instance judgment: imprisonment for one year and six months, and KRW 300,000,000,000,000,000): the third lower judgment: fine of KRW 3 million, and fine of KRW 1 million:00,000) is too unreasonable.

(b) the 2nd judgment decision of the Prosecutor is too unhued and unfair;

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

As to each of the judgment below, the prosecutor filed each appeal against the judgment of the court below against the judgment of the court below, and each of the offenses against the defendant in the judgment of the court of appeal 1, 2, 3, and 4 are concurrent offenses under the former part of Article 37 of the Criminal Act, which are concurrent offenses under the former part of Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained as they are.

Even if there are such reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court.

3. In light of the evidence duly adopted and investigated by the court below, the judgment of the court below that found the victim guilty of this part of the facts charged is justified, since the damaged vehicle is damaged due to the instant traffic accident and the victims suffered injury, in light of the fact-finding report on the occurrence of the traffic accident, the summary map of the scene of the accident, the vehicle pictures related to the accident, each medical certificate, and the repair expense check.

Therefore, the defendant's assertion of factual mistake is rejected.

4. If so, each of the judgment below should be reversed ex officio.

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