The case holding that there is an error in the rules of evidence or the incomplete hearing in finding facts that the bus's own conflict with the victim

If the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body is damaged by

Article 307 of the Criminal Procedure Act

Defendant

Seoul Criminal Court Decision 79No3415 delivered on March 18, 1980

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

The grounds of appeal are examined.

1. According to the records, if the judgment of the court below revealed that the traffic accident of this case was caused by the negligence of shocking the victim who tried to cross the road via the city bus No. 5Da8624, Seoul, the Defendant's driver's vehicle, and the waste seal, which was charged to the victim's driver's vehicle, is the same quality as the paint worn by the victim's body, and the color is the same blue-Nam's appraisal report and its testimony are the most severe.

However, if a paint colored in the body of the body of the vehicle that the person was faced with the vehicle and the body of the vehicle he was faced with, the vehicle should be exempted from the body. Second, the form of the body of the vehicle is not clear, and the body's clothes are damaged, such as tearing, etc., and the body's clothes are damaged. After the accident, it cannot be found that there are anything that should be different from the body of the bus in light of the actual condition survey report (in the investigation record 13 pages), and according to the statement of the highest statement of statement of statement (in the investigation record No. 153 pages) in the inspection preparation, the front side of the bus that the victim was suffering from the above victim, and the front side of the chest, knee on the right side of the left side, and knee on the right side of the bus and the shape of the city can not be known. According to whether the shape of the city is damaged or not.

In this regard, it is difficult to conclude that the victim was faced with the bus because the same color and quality pattern, which fit the bus in the victim's clothes, are buried.

더우기 경찰에서 시행한 검증조서(수사기록 89면) 기재와 위 실황조사서기재에 의하면 본건 사고직후 피해자와 거의 동시에 오-토바이가 피해자의 근거리에 나뒹굴고 있었음을 알 수 있고 또 그 오-토바이는 본건 증거물(증 제1호)으로 압수되어 있고 제1심 증인 김건태의 증언에 의하면 피해자와 오-토바이 탄 사람이 같이 나가떨어졌다고 하는데 본건 사고에 이 움직일 수 없는 오-토바이의 개재를 어떻게 보아야 할 것인가 . 이 점을 명백하게 규명하지 않고서는 피고인의 운전 버스와 위 피해자와의 접촉사고를 단정할 수 없다고 할 것인데 원심에선 이 점에 관한 심리를 하였다고 볼 흔적을 찾아 볼 수 없다 .

Nevertheless, the court below's decision that found the defendant not guilty by concluding the conflict with the above O-Toba and reversed the judgment of the court of the first instance that found the defendant guilty, and the decision of the court below that there is a criminal liability for the defendant cannot be exempted from the criticism that it violated the rules of evidence. Therefore, the arguments

Therefore, the judgment of the court below is reversed by the assent of all participating Justices.

Justices Jeong Tae-won (Presiding Justice)

Since he retired from his office, he is unable to sign and seal it. Justices Jeong Tae-won (Presiding Justice)