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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant's separate crime list Nos. 2, 4, 6, 7, 8, 9, and 12 are the accident that the defendant did not regard the other party's vehicle or discovered the other party's vehicle late, and thus, the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts.
The punishment of the lower court (ten months of imprisonment) is too unreasonable.
B. Although each accident listed in the Nos. 3 and 5 of the crime list Nos. 3 and 5 attached to the prosecutor was intentionally caused by the defendant to acquire insurance money, the judgment of the court below which acquitted the defendant.
The sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.
2. Determination
A. In the lower court’s determination of the Defendant’s assertion of mistake of facts, the Defendant asserted the same as in the trial court, and the lower court, based on the evidence duly admitted and investigated, found all of the facts charged to be guilty.
In light of the background images of each accident described in the separate sheet Nos. 2, 4, 6, 7, 8, 9, and 12 claiming that the Defendant is not a intentional accident, it can be seen that the other party to the vehicle seeking to change course has access to the vehicle immediately before the collision with the other party by failing to put the vehicle in operation of the Defendant or by accelerating the vehicle, even though the other party to the vehicle had already entered the vehicle and partly entered the vehicle.
In light of these facts, even if the other party to each of the above accidents was negligent in attempting a change of course or not equipped with space, and such negligence is considerably high, the Defendant is liable for the fault of the other party, even though the other party is not obliged to yield the course, unless the other party has already entered part of the vehicle on the vehicle operated by the Defendant and re-enters it.