logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.28 2017노1434
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant driven a C Corrodo automobile (hereinafter “the instant vehicle”) under the name of the J of Hanam-do constitutes a driving of another vehicle under the “other terms and conditions for operation security” of the General Insurance that the Defendant subscribed to the Defendant’s own automobile (hereinafter “Terms and Conditions of this case”) and thus, the Defendant, who driven the instant vehicle with a comprehensive insurance, shall not be prosecuted pursuant to the main text of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, on the ground that the instant automobile constitutes a “motor vehicle ordinarily used” which does not fall under “other motor vehicles” of the instant terms and conditions, and thus, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

2. The judgment of the court below also made the same assertion, and the court below found the defendant guilty on the ground that the motor vehicle of this case constitutes "motor vehicle ordinarily used" excluded from "other motor vehicle" which is subject to compensation under the terms and conditions of this case, taking into account the facts and circumstances acknowledged by the evidence duly adopted and examined by the court below. If the judgment of the court below is compared with the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just, and there is no error of misunderstanding of the facts or misunderstanding of the legal principles as alleged by the defendant, and thus, the above argument by the defendant cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow