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(영문) 대구지방법원 2018.01.18 2017노1392
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the evidence related to the summary of the grounds for appeal, the judgment of the court below that acquitted the defendant on the ground that the defendant sufficiently recognized the occurrence of the traffic accident in this case, is erroneous in the misapprehension of facts

2. Determination:

A. The lower court determined: ① there exists a distance of about 10 minutes between the time when the victim enters the scene of the accident and the time when the defendant entered the scene of the accident bypassing the road; ② the cargo vehicle is very close to the left wall in order for the left part of the cargo vehicle to elapse as stated in the facts charged; ② there is a doubt as to whether the ordinary driver is trying to run close to the left wall; and even in the appraisal report of the Daegu Science Investigation Institute of the National Scientific Research and Investigation Agency of the Republic of Korea, it does not appear that the left part of the vehicle can not be seen as a situation where the two sides of the vehicle can pass between the front part and the front part of the vehicle when considering the location of the upper part of the vehicle and the front part of the vehicle, and there is no possibility that the cargo vehicle of the Defendant would be harming the vehicle from CCTV image at the scene of the accident, ③ there is no possibility that the Central Research Institute of Accident and Investigation into another part of the vehicle by the victim's mother and child in light of other circumstances.

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