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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2016.11.23 2016노3911
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant accident of mistake of facts is a traffic accident that occurred due to the shock of the Defendant’s driver’s vehicle driving along the crosswalk while the victim was under the influence of alcohol, and it is difficult to view that the Defendant was negligent in causing the accident. In light of the degree of shock or the circumstance surrounding the issuance of the medical certificate, it is difficult to deem that the victim suffered the same injury as that indicated in the facts charged.

B. The sentence imposed by the court below on the defendant (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. We affirm the judgment of the court below finding the defendant guilty in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, ① the self-employed car on the side of the disabled who was on board the victim, ② the defendant considered the victim as the victim (self-employed car for the disabled) under the circumstance immediately after the accident occurred, ② the defendant considered the victim as the victim (self-employed car for the disabled). The defendant requested insurance management to the Korean taxi mutual aid association (face No. 64 of the trial record) (the trial record), and the fact that the accident investigation report prepared pursuant to the above stated the purport that the "the defendant respondeds the victim who was on the crosswalk on the above disabled person's own by negligence" (section 47 of the trial record). ③ The above person's self-employed car on the disabled person was seriously damaged (section 65 of the trial record) due to the accident in this case, and the victim was hospitalized for 48 days (the record of the public trial record).

Therefore, this part of the defendant's argument is without merit.

B. There is no change in circumstances to consider the sentencing after the judgment of the court below regarding the assertion of unfair sentencing, and considering the sentencing conditions stated in the records and arguments of this case, the defendant asserts as the grounds for appeal.

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