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(영문) 서울서부지방법원 2016.06.09 2015노1976
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, D was faced with a bicycle operated by the Defendant, but D was not at the location of the injury, and even if D was subject to the above-mentioned diagnosis, it can be naturally cured, and it does not constitute “injury” in the crime of injury caused by duty and actual injury.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s determination as to the assertion of misunderstanding of the facts or legal doctrine were duly adopted and investigated by the evidence duly adopted and investigated by the lower court: (i) the Defendant’s shoulder on the sidewalk at the time of the instant accident faced with the victim’s nose and the victim D met with the ground floor, and immediately after the instant accident occurred, the victim found the hospital along with the Defendant; however, the hospital’s door was closed; (ii) the victim was issued a medical certificate of “the catum and tension of the catum, the catum with the catum, the catum damage,” which requires two-day medical treatment from the Furgical surgery on October 4, 2014; and (iii) the doctor issued the medical certificate to the victim showed that the victim suffered injury from the catum of the victim’s catum and the catum at the right time of the instant accident, and that the victim suffered injury on the catum medication of the instant case and the catum on October 14, 10.

Recognizing that the above injury is nothing more than that of natural therapy, the defendant's misunderstanding of facts or misapprehension of legal principles is without merit.

B. Determination of the unfair argument of sentencing is justified.

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