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(영문) 서울북부지방법원 2014.12.04 2014노1177
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts of the crime in the judgment of the court below, was driving in violation of the signal apparatus installed on the crosswalk, and the Defendant did not cause any injury to the victim by collisioning the victim D’s left side side side side of the crosswalk with the front part of the vehicle driven by the Defendant according to the signal apparatus’s pedestrian driving signal. The court below convicted the Defendant of the facts of the instant case on the ground that there is no inconsistency and consistency, and thus, the Defendant did not err by misconceptioning the victim of the fact, such as the statements of the victim and witness E, without credibility.

B. The lower court’s sentence (1.5 million won of a fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In a thorough examination of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below acknowledged the defendant's guilty of the facts in the case of this case after directly completing the examination of evidence through the process of witness examination for victim D and witness E, etc., and considering other circumstances, it is not considerably unreasonable to maintain the judgment of the court below as to the credibility of each of the statements of the witness D and E. Thus, the court below's determination that the defendant committed a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents is just, and therefore, the defendant's assertion of mistake of facts is without merit.

B. Although determining the assertion on unfair sentencing, an individual taxi operated by the Defendant appears to have received a fixed amount of damages due to the purchase of a personal taxi mutual aid, and the Defendant agreed with the victim during the trial, but the Defendant denies the instant crime until the trial was held, and the victim who is a high school student.

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