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(영문) 의정부지방법원 2019.08.30 2019노1187
교통사고처리특례법위반(치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (the fact of violating the Act on Special Cases concerning the Settlement of Traffic Accidents) 1) states that the Defendant did not have any cerebral cerebral typhism even if he did not drink for about 3 and 4 days at an investigative agency; the medical certificate submitted by the Defendant states that “patient who does not have any fluoral typhism since 2016”; the Defendant stated in the court below that the Defendant used cerebral typhical typhism on the day before the occurrence of the instant case through the summary of oral argument; according to the black fluore image of the damaged vehicle, it appears that the Defendant’s manipulation was not due to the symptoms of cerebral typhical typhism; thus, the instant accident is not due to drinking driving; thus, the instant accident constitutes an accident that falls under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; thus, even if the bus driven by the Defendant was admitted, the lower court did not sufficiently prove that it caused an accident under Article 8(2).

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