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(영문) 서울남부지방법원 2019.06.20 2019노221
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of a traffic accident caused by the Defendant by misapprehension of the legal doctrine, a car driven by J was caused by a traffic accident involving the victim’s bucks, bucks, and the part of the bridge, which led to the subsequent traffic accident, and the shock level suffered by the victim was reasonable.

Therefore, since the latter accident had a significant impact on the victim's death, it should be deemed that there is no causal relationship between the traffic accident caused by the defendant and the victim's death.

B. The sentence imposed by the lower court (three and a half years and six months) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below, the judgment of the court below as to the assertion of misapprehension of the legal principles, i.e., the causes of the victim's death are fatal damage caused by strong external force on the chest and on the part of the ship, and the victim's physical condition was shocked to the extent that the victim's self-determination is to be changed due to the subsequent traffic accident, but the victim's physical condition was buckbuck and bridge. Thus, it cannot be viewed that the victim caused damage to the above causes of death due to the subsequent traffic accident. Thus, it is reasonable to view that the damage caused by the victim was caused by the traffic accident caused by the defendant. ② Even if the victim was not completely dead from the traffic accident after the occurrence of the traffic accident after the occurrence of the defendant, even if the victim was in the process of the victim's death due to the traffic accident caused by the defendant, the defendant's assertion of misapprehension of the legal principles is not accepted.

3. There can be new circumstances or changes in circumstances that can be reflected in sentencing after the judgment of the court below on the assertion of unfair sentencing is rendered.

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