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(영문) 서울동부지방법원 2015.02.06 2014노1501
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal follows the difference between the defendant and the right side of a passenger car operated by the defendant, but this is caused by the wind that causes the victim's own body intentionally or by negligence. Thus, the court below erred by misapprehending the fact and thereby finding the defendant guilty.

2. The judgment of the court below and the court below are duly adopted and examined as well as the following facts or circumstances that can be recognized by the evidence and the evidence. ① The defendant operated a car at around 12:40 on April 13, 2014 to the speed of about 3 km per tin in Songpa-gu, Songpa-gu, Seoul by driving a car at around 12:40 on a speed. The defendant opened a door to the back of the driver’s seat of the car parked on the front side of the driving direction and the accident occurred that the part of the victim’s left elbow part and the right side part of the car operated by the defendant was facing the above driver’s vehicle. The victim suffered injuries such as the upper left part of the left part requiring medical treatment for about 2 weeks. ② The above road was not installed with the central line and its width was so wide that the defendant could walk with the front part of the vehicle at the time of the above accident, and the vehicle was parked near the road.

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