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(영문) 부산고등법원 (창원) 2019.08.14 2019노165
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is no discovery of a consistent statement made by the victim immediately after and after the instant traffic accident by the victim, in the process of hospital therapy, and in the victim’s face, an interview that may occur in the event of breaking on the road in the victim’s face is not discovered, it is recognized that the Defendant, with the front part of the Defendant’s driver’s vehicle, took the front part of the victim’s right bridge and caused the victim’s face face face facing the above vehicle.

Nevertheless, the court below held that the victim's face face face face face is not facing the above vehicle, and the judgment of the court below is erroneous in misconception of facts.

B. As to the punishment sentenced by the court below (two years of imprisonment, three years of suspended execution, etc.), the defendant asserts that the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the prosecutor's assertion of mistake of facts, it is recognized that the victim's face pictures taken after the traffic accident of this case stated that "the victim 119 first is faced with a vehicle while on the road and face is faced with a vehicle" in the emergency medical services log prepared by the 119 first responder (Evidence No. 50). This appears to have been made on the basis of the victim's statement as to the circumstances of the accident at the time of the accident. The victim said that "the victim was faced with a vehicle and faced with a face of the vehicle after being hospitalized at the hospital after the traffic accident of this case." The victim's face pictures taken by the victim after the traffic accident of this case, the victim's face pictures that could normally occur on the road.

However, the victim, on the other hand, tried to see Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha'.

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